SRC-MAX H.B. 2311 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2311
By: Van de Putte (Truan)
Health & Human Services
4-28-97
Engrossed


DIGEST 

Currently, Chapter 84 of the Health and Safety Code classifies elevated
blood lead levels, asbestos levels, and other public health information
relating to occupational exposure to certain substances as "occupational
diseases."  There are concerns that this classification may have adverse
affects for both the employer and the employee in terms of health
insurance coverage.  This bill redefines elevated blood levels, asbestos
levels, and certain other conditions as "occupational conditions" in an
attempt to ensure qualification for health insurance for employees. 

PURPOSE

As proposed, H.B. 2311 redefines "occupational diseases" as "occupational
conditions." 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Health in SECTION 2
(Sec.  84.003(b), Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 84, Health and Safety Code, as follows:

CHAPTER 84.  New heading:  REPORTING OF OCCUPATIONAL CONDITIONS

SECTION 2. Amends Sections 84.001-84.003, Health and Safety Code, as
follows: 

Sec.  84.001.  SHORT TITLE.  New short title:  Occupational Conditions
Reporting Act, rather than the Occupational Disease Reporting Act. 

Sec.  84.002.  DEFINITIONS.  Defines "health professional" and redefines
"occupational condition," and "reportable condition." 

Sec.  84.003. New heading:  REPORTABLE CONDITIONS; RULES.  Provides that
asbestosis and silicosis are occupational conditions, rather than
diseases, that are reportable to the Texas Department of Human Services
(department).  Provides that blood levels in adults are laboratory
findings that are reportable to the department as provided by the Texas
Board of Health (board) rule.  Makes conforming and nonsubstantive
changes.   

SECTION 3. Amends Sections 84.004(a) and (b), Health and Safety Code, to
delete a provision prohibiting the department from contacting the person
from whom the specimen was obtained if the notification indicates that the
person has an attending physician without the attending physician's
consent.  Makes conforming and nonsubstantive changes.   

SECTION 4. Amends Sections 84.005(b) and (c), Health and Safety Code,  to
make conforming changes.  

SECTION 5. Amends Section 84.006(a), Health and Safety Code, to make a
conforming change. 

SECTION 6. Amends Sections 84.007(a) and (b), Health and Safety Code, to
make conforming  changes. 

SECTION 7. Amends Section 4D(b), Article 135b-6, V.T.C.S. (Texas
Structural Pest Control Act) to make a conforming change.   

SECTION 8. Emergency clause.
  Effective date:  upon passage.