SRC-CDH H.B. 911 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 911
By: Hirschi (Moncrief)
Health & Human Services
4-28-97
Engrossed


DIGEST 

Recently, tuberculosis (TB), a highly infectious airborne disease, has
become epidemic in Texas. Cases in Texas have risen 44 percent since a
historical low point in 1987.  In 1994, 2,542 cases were reported, which
is a significant increase over the reported cases in the last two decades.
A small percentage of the TB cases in Texas pose a significant threat to
the public health, particularly cases in which an individual is afflicted
with a strain of TB that is resistant to two or more drug treatments and
cases in which an individual is unwilling or unable to comply with
prescribed therapy.  To deal with these exceptional cases, the law
provides for court-ordered disease management; however, there are
inconsistencies and conflicts with the current statute, and only about one
percent of TB cases are managed by court order each year.  H.B. 911
streamlines the process for court-ordered management of hard-to-treat TB
cases and clarifies the manner in which the state is to be reimbursed for
court costs associated with those cases.      

PURPOSE

As proposed, H.B. 911 provides for the management of persons with
communicable diseases. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 81.151(a) and (d), Health and Safety Code, to
require, rather than authorize, certain attorneys, at the request of the
health authority, rather than the Texas Department of Health (department),
to file a sworn written application for a court order for the management
of a person with a communicable disease.  Requires the attorney general,
at the request of the department, to file a sworn written application for
a court order for the management of a person with a communicable disease.
Provides that a copy of the written orders made under Section 81.083 need
not be filed with an application for outpatient treatment.   

SECTION 2. Amends Section 81.152(c), Health and Safety Code, to require
any application to contain certain information, including a statement, to
be included only in an application for inpatient treatment, that the
person fails or refuses to comply with certain written orders of the
department or health authority. 

SECTION 3. Amends Sections 81.154(a) and (c), Health and Safety Code, to
require the judge or a magistrate to set a date for a hearing to be held
within 14 days after the date on which the application is served on the
person, rather than filed.  Makes conforming changes. 

SECTION 4. Amends Sections 81.156(a) and (b), Health and Safety Code, to
authorize the person's attorney to request information from the attorney
general or certain other attorneys, as appropriate. Makes conforming
changes. 

SECTION 5. Amends Section 81.157, Health and Safety Code, to require a
proceeding under this chapter to be held in a district court of the county
in which the person is found, resides, or is receiving court-ordered
health services.  Sets forth the terms by which the county in which the
temporary order was issued is required to pay the expenses of transporting
the person back to the  county for the hearing, and provides exceptions.   

SECTION 6. Amends Section 81.159, Health and Safety Code, as follows:

Sec. 81.159.  New heading:  DESIGNATION OF FACILITY.  Deletes the
provisions regarding a facility's filing of a recommendation for
treatment.  Makes conforming changes. 

SECTION 7. Amends Section 81.161(b), Health and Safety Code, to require
the motion to be filed by the attorney general at the request of the
department.  Makes a conforming change. 

SECTION 8. Amends Section 81.167(c), Health and Safety Code, to authorize,
rather than prohibit, a person under a protective custody order to be
detained in a nonmedical facility used to detain persons who are charged
with or convicted of a crime only under certain circumstances.  Prohibits
the person from being detained in a nonmedical facility for longer than a
certain period.  Deletes the provision regarding an extreme emergency. 

SECTION 9. Amends Section 81.170(f), Health and Safety Code, to require
the jury to determine if the person is infected with a communicable
disease and, if the application is for inpatient treatment, has refused or
failed to follow the health authority's orders.   

SECTION 10. Amends Section 81.171(a), Health and Safety Code, to make a
conforming change. 

SECTION 11. Amends Section 81.172, Health and Safety Code, by amending
Subsection (a), and adding Subsection (e), to require the department, with
the cooperation of the head of the facility, to submit to the court a
general program of treatment by a certain date.  Makes conforming changes. 

SECTION 12. Amends Section 81.173, Health and Safety Code, by amending
Subsection (a), and adding Subsection (e), to make conforming changes. 

SECTION 13. Amends Section 81.174(a), Health and Safety Code, to make a
conforming change. 

SECTION 14. Amends Section 81.179(a), Health and Safety Code, to require
the court to order, rather than authorizing the court to authorize, the
sheriff or constable to transport the person to the designated health care
facility.  

SECTION 15. Amends Section 81.182(a), Health and Safety Code, to set forth
the terms by which certain attorneys and the attorney general are required
to request the court that entered the commitment order to modify the order
to provide for outpatient care.  Deletes existing text authorizing the
health authority, department, or head of a facility to which a person is
committed to request modification of the order.     

SECTION 16. Amends Section 81.183(a), Health and Safety Code, to make
conforming changes. 

SECTION 17. Amends Section 81.184(a), Health and Safety Code, to set forth
the procedure for filing a sworn application for a person's temporary
detention pending a modification hearing. Deletes existing text
authorizing the health authority, department, or head of an outpatient
facility in which the person receives treatment to file a sworn
application for the person's temporary detention.  

SECTION 18. Amends Section 81.187(a), Health and Safety Code, to set forth
the procedure for filing an order for extended management.  Deletes
existing text authorizing certain attorneys or the department to do the
same.  

SECTION 19. Amends Chapter 81G, Health and Safety Code, by adding Section
81.210, as follows: 

Sec. 81.210.  COSTS.  Requires a county to pay the costs for a hearing or
proceeding under certain circumstances.  Sets forth the fees and expenses
included as costs under this section. Provides that a county is entitled
to reimbursement for costs actually paid by the county from certain
persons.  Requires the department to pay the costs of returning a person
absent  without authorization unless the person is able to pay the costs.

SECTION 20. Makes application of this Act prospective.

SECTION 21. Emergency clause.
  Effective date:  upon passage.