RLV S.B. 939 75(R) BILL ANALYSIS PUBLIC HEALTH S.B. 939 By: Ellis (Coleman) 4-30-97 Committee Report (Unamended) BACKGROUND Currently, Chapter 89 of the Health and Safety Code provides a number of strategies to treat and prevent the outbreak of tuberculosis (TB) in county jails with a capacity of 100 or more beds. Further outbreaks among the state's prison population and general public could be prevented, if Chapter 89 applied to a wider range of jail facilities. Additionally, stronger measures could be required to ensure that TB-infected inmates are not released into the general population without medical arrangements being made to continue their treatment for this disease. Presently, the Texas Department of Criminal Justice, in conjunction with other state agencies, is authorized to develop a memorandum of agreement for notification of appropriate community service agencies when state inmates are released to local communities. However, in the case of nonstate facility inmates, if notice is given, it is usually so late that it is extremely difficult or impossible to locate the former inmate for continuation of treatment. Some of these cases resurface much later when the individual becomes sick again, and is presumably infectious or resistant to one or more of the TB medications that were initially used to treat the case. Medical management usually becomes much more difficult and expensive in these situations. PURPOSE S.B. 939 establishes the control of tuberculosis in certain jail populations. RULEMAKING AUTHORITY It is the committee's opinion that this bill Amends existing rulemaking authority of the Texas Board of Health (board) in SECTION 10 (Section 89.073(c), Health and Safety Code). SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 89.001, Health and Safety Code, to define "governing body" and "jail." Redefines "county jail." Makes conforming changes. SECTION 2. Amends Chapter 89A, Health and Safety Code, by adding Section 89.002, as follows: Sec. 89.002. SCOPE OF CHAPTER. Establishes that except as provided by Subchapter E, this chapter applies only to a jail that has a capacity of at least 100 beds, or houses inmates transferred from a county that has a jail that has a capacity of at least 100 beds, or from another state. SECTION 3. Amends Sec. 89.011(a), Health and Safety Code, by changing certain references from "court or judicial district" to "governing body" to conform this section with aforementioned changes. SECTION 4. Amends Section 89.012(b), Health and Safety Code, by changing certain references to "governing body" to conform this section with aforementioned changes. SECTION 5. Amends Sections 89.013 and 89.014, Health and Safety Code, as follows: Sec. 89.013 regarding required certificates, is amended by changing certain references to "governing body" to conform this section with aforementioned changes. Sec. 89.014, regarding the costs of tests, follow-up and treatment, adds a reference to "the governing body of a municipality" to this section. SECTION 6. Amends Sections 89.051(a) and (b), Health and Safety Code, to reduce the time of confinement for an inmate who is required to undergo a screening test for tuberculosis infection from more than 14 to more than 7 days, as specified. Also amends the requirement that the inmate be tested on or before the 7th rather than the 14th day after the inmate is first confined. Deletes reference to "county" before the term "jail" to make this section apply to all jails. SECTION 7. Amends Section 89.052, Health and Safety Code, by changing a reference to "governing body" to conform this section with aforementioned changes. Also adds a reference to the department as an entity able to determine the need for additional screenings or tests. SECTION 8. Amends Sections 89.053(a) and (c), Health and Safety Code, by changing a reference to "governing body" to conform this section with aforementioned changes. Deletes reference to "county" before the term "jail" to make this section apply to all jails. SECTION 9. Amends Section 89.072, Health and Safety Code, by deleting reference to county or judicial district. SECTION 10. Amends Sections 89.073(b) and (c), Health and Safety Code, by changing a reference to "governing body" to conform this section with aforementioned changes, and to make another conforming language change. SECTION 11. Amends Chapter 89, Health and Safety Code, by adding Subchapter E, as follows: SUBCHAPTER E. CONTINUITY OF CARE Sec. 89.101. DEFINITIONS. Defines "corrections facility" and "offender." Sec. 89.102. REPORT OF RELEASE. Requires a corrections facility to report to the department the release of an offender who is receiving treatment for tuberculosis. Requires the department to arrange for continuity of care for the offender. SECTION 12. Amends Section 511.011, Government Code, to add a reference to Chapter 89, Health and Safety Code to this section on county compliance with state law. SECTION 13. Amends Section 511.014(a), Government Code, to add a reference to Chapter 89, Health and Safety Code to this section on violations and bringing an action. SECTION 14. Stipulates that specified sections of this Act are only applicable to the operation of a jail or community corrections facility on or after January 1, 1998. SECTION 15. Effective date: September 1, 1997. SECTION 16. Emergency clause.