Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Rodriguez H.B. No. 1803
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to control of tuberculosis in certain jail populations.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 89.001, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 89.001. DEFINITIONS. In this chapter:
1-7 (1) "Community corrections facility" means a facility
1-8 established under Chapter 509, Government Code.
1-9 (2) "County jail" means a facility operated by or for
1-10 a county for the confinement of persons accused or convicted of an
1-11 offense [and that has a capacity of 100 beds or more] and includes:
1-12 (A) a facility operated by or for a county for
1-13 the confinement of persons accused or convicted of an offense;
1-14 (B) a county jail or a correctional facility
1-15 authorized by Subchapter F, Chapter 351, Local Government Code;
1-16 and
1-17 (C) a county correctional [corrections] center
1-18 authorized by Subchapter H, Chapter 351, Local Government Code.
1-19 (3) "Governing body" means:
1-20 (A) the commissioners court of a county, for a
1-21 county jail;
1-22 (B) the district judges governing a community
1-23 corrections facility, for a community corrections facility;
1-24 (C) the governing body of a municipality, for a
2-1 jail operated by or under contract to a municipality; or
2-2 (D) the community supervision and corrections
2-3 department, for a jail operated under contract to a community
2-4 supervision and corrections department.
2-5 (4) "Health authority" has the meaning assigned by
2-6 Section 121.021.
2-7 (5) "Jail" means:
2-8 (A) a county jail; or
2-9 (B) a facility for the confinement of persons
2-10 accused of an offense that is:
2-11 (i) operated by a municipality or a vendor
2-12 under contract with a municipality under Subchapter F, Chapter
2-13 351, Local Government Code; or
2-14 (ii) operated by a vendor under contract
2-15 with a community supervision and corrections department under
2-16 Chapter 76, Government Code.
2-17 (6) [(4)] "Local health department" means a health
2-18 department created under Subchapter D, Chapter 121.
2-19 (7) [(5)] "Physician" means a person licensed to
2-20 practice medicine in a state of the United States.
2-21 (8) [(6)] "Public health district" means a health
2-22 district established under Subchapter E, Chapter 121.
2-23 (9) [(7)] "Screening test" means a rapid analytical
2-24 laboratory or other procedure to determine the need for further
2-25 diagnostic evaluation.
2-26 (10) [(8)] "Tuberculosis" means a disease caused by
2-27 Mycobacterium tuberculosis or other members of the Mycobacterium
2-28 tuberculosis complex.
2-29 SECTION 2. Subchapter A, Chapter 89, Health and Safety Code,
2-30 is amended by adding Section 89.002 to read as follows:
3-1 Sec. 89.002. SCOPE OF CHAPTER. Except as provided by
3-2 Subchapter E, this chapter applies only to a jail that:
3-3 (1) has a capacity of at least 100 beds; or
3-4 (2) houses inmates from:
3-5 (A) a different county than the county in which
3-6 the jail is located; or
3-7 (B) another state.
3-8 SECTION 3. Section 89.011(a), Health and Safety Code, is
3-9 amended to read as follows:
3-10 (a) The governing body of a jail or [commissioners court of
3-11 each county and the district judges governing a] community
3-12 corrections facility, through the community supervision and
3-13 corrections department, shall require that each employee or
3-14 volunteer working or providing services in a [county] jail or a
3-15 community corrections facility, who meets the screening guidelines
3-16 prescribed by board rule, present to the governing body [court or
3-17 judicial district] a certificate signed by a physician that states
3-18 that:
3-19 (1) the employee or volunteer has been tested for
3-20 tuberculosis infection in accordance with board rules; and
3-21 (2) the results of the test indicate that the person
3-22 does not have tuberculosis.
3-23 SECTION 4. Section 89.012(b), Health and Safety Code, is
3-24 amended to read as follows:
3-25 (b) If the employee or volunteer has tuberculosis, the
3-26 governing body [commissioners court or the judicial district, as
3-27 appropriate,] may not permit the person to begin or continue the
3-28 person's employment duties or volunteer services unless the person
3-29 is under treatment for the disease by a physician and the person
3-30 provides to the governing body [court or judicial district] a
4-1 certificate signed by the attending physician stating that the
4-2 patient is noninfectious.
4-3 SECTION 5. Sections 89.013 and 89.014, Health and Safety
4-4 Code, are amended to read as follows:
4-5 Sec. 89.013. CERTIFICATE REQUIRED. (a) The governing body
4-6 [commissioners court, judicial district,] or a designee of the
4-7 governing body [either] shall confirm that each employee or
4-8 volunteer required to be screened under this subchapter has the
4-9 required certificate.
4-10 (b) The governing body [commissioners court or judicial
4-11 district] may not permit an employee or volunteer to carry out the
4-12 person's duties if the person does not have the required
4-13 certificate.
4-14 Sec. 89.014. COST OF TESTS, FOLLOW-UP, AND TREATMENT. The
4-15 employee or volunteer shall pay the expense of a screening test,
4-16 diagnostic evaluation, or other professional medical service
4-17 required under this subchapter unless the commissioners court, the
4-18 governing body of a municipality, or a local health department or
4-19 public health district elects to provide the service.
4-20 SECTION 6. Section 89.051(a), Health and Safety Code, is
4-21 amended to read as follows:
4-22 (a) Each inmate in a [county] jail or community corrections
4-23 facility shall undergo a screening test for tuberculosis infection
4-24 approved by the board if:
4-25 (1) the inmate will probably be confined in jail or a
4-26 community corrections facility for more than 7 [14] days; and
4-27 (2) the inmate meets the screening guidelines
4-28 prescribed by board rules.
4-29 SECTION 7. Section 89.052, Health and Safety Code, is
4-30 amended to read as follows:
5-1 Sec. 89.052. RESCREENING; DIAGNOSTIC EVALUATIONS. The
5-2 department or a health authority may require a governing body [the
5-3 commissioners court or the judicial district] to provide an
5-4 additional screening test or a diagnostic evaluation if the
5-5 department or health authority determines that an additional
5-6 screening test or a diagnostic evaluation is necessary and
5-7 appropriate to protect the health of the jail inmates, employees,
5-8 volunteers, or the public.
5-9 SECTION 8. Sections 89.053(a) and (c), Health and Safety
5-10 Code, are amended to read as follows:
5-11 (a) If an inmate has a confirmed positive screening test
5-12 result, the governing body [commissioners court or judicial
5-13 district] shall provide a diagnostic evaluation to determine
5-14 whether the inmate has tuberculosis.
5-15 (c) The [county] jail or community corrections facility
5-16 shall provide preventive therapy to an infected inmate if the
5-17 preventive therapy is prescribed by the attending physician and the
5-18 inmate consents to the treatment.
5-19 SECTION 9. Section 89.072, Health and Safety Code, is
5-20 amended to read as follows:
5-21 Sec. 89.072. RULEMAKING. The department shall recommend to
5-22 the Commission on Jail Standards and the Texas Department of
5-23 Criminal Justice rules to carry out this chapter, including rules
5-24 describing:
5-25 (1) the types of screening tests and diagnostic
5-26 evaluations and the scope of the professional examinations that may
5-27 be used to meet the requirements of this chapter;
5-28 (2) the categories of employees, volunteers, or
5-29 inmates who must have a screening test under this chapter;
5-30 (3) the form and content of the certificate required
6-1 under Subchapter B for employees and volunteers;
6-2 (4) the deadlines for filing a certificate;
6-3 (5) the transfer of employee or volunteer certificates
6-4 and inmate records between [county or judicial district]
6-5 facilities;
6-6 (6) the frequency of screening tests for employees,
6-7 volunteers, and inmates;
6-8 (7) the criteria for requiring an additional screening
6-9 test or a diagnostic evaluation or examination; and
6-10 (8) the reporting of a screening test or an evaluation
6-11 or examination result to the appropriate health authority or to the
6-12 department.
6-13 SECTION 10. Sections 89.073(b) and (c), Health and Safety
6-14 Code, are amended to read as follows:
6-15 (b) With the prior approval of the department:
6-16 (1) a governing body [commissioners court or a
6-17 judicial district] may adopt and enforce standards for carrying out
6-18 this chapter if the standards are compatible with and equal to or
6-19 more stringent than the standards prescribed by this chapter and
6-20 the board's rules; and
6-21 (2) a private facility may adopt and enforce standards
6-22 for carrying out this chapter if the standards are compatible with
6-23 and equal to or more stringent than the standards prescribed by
6-24 this chapter and the board's rules.
6-25 (c) The board shall adopt substantive and procedural rules
6-26 to govern the submission of [county, judicial district, or private
6-27 jail] standards adopted under Subsection (b). At a minimum these
6-28 rules must contain:
6-29 (1) a procedure for the submission of standards for
6-30 departmental review; and
7-1 (2) an internal departmental appeal process by which a
7-2 governing body [county, judicial district,] or private entity may
7-3 seek a review of the department's decision to reject [the entity's]
7-4 proposed standards.
7-5 SECTION 11. Chapter 89, Health and Safety Code, is amended
7-6 by adding Subchapter E to read as follows:
7-7 SUBCHAPTER E. CONTINUITY OF CARE
7-8 Sec. 89.101. DEFINITIONS. In this subchapter:
7-9 (1) "Corrections facility" means:
7-10 (A) a jail or community corrections facility,
7-11 without regard to whether the jail or facility satisfies the
7-12 requirements of Section 89.002;
7-13 (B) any correctional facility operated by or
7-14 under contract with a division of the Texas Department of Criminal
7-15 Justice; or
7-16 (C) a detention facility operated by the Texas
7-17 Youth Commission.
7-18 (2) "Offender" means a juvenile or adult who is
7-19 arrested or charged with a criminal offense.
7-20 Sec. 89.102. REPORT OF RELEASE. A corrections facility shall
7-21 report to the department the release of an offender in treatment
7-22 for tuberculosis disease or infection. The department shall
7-23 arrange for continuity of care for the offender.
7-24 SECTION 12. Section 511.011, Government Code, is amended to
7-25 read as follows:
7-26 Sec. 511.011. REPORT ON NONCOMPLIANCE. If the commission
7-27 finds that a county jail does not comply with state law, including
7-28 Chapter 89, Health and Safety Code, or the rules, standards, or
7-29 procedures of the commission, it shall report the noncompliance to
7-30 the county commissioners and sheriff of the county responsible for
8-1 the county jail and shall send a copy of the report to the
8-2 governor.
8-3 SECTION 13. Section 511.014(a), Government Code, is amended
8-4 to read as follows:
8-5 (a) Instead of closing a county jail, the commission may
8-6 bring an action in its own name to enforce or enjoin a violation of
8-7 Subchapter A, Chapter 351, Local Government Code, Chapter 89,
8-8 Health and Safety Code, or a commission rule, order, or procedure.
8-9 The action is in addition to any other action, proceeding, or
8-10 remedy provided by law. The court shall give preferential setting
8-11 and shall try the action without a jury, unless the county requests
8-12 a jury trial. The attorney general shall represent the commission.
8-13 SECTION 14. The change in law made by Sections 1-10 and
8-14 12-13 of this Act applies only to the operation of a jail or a
8-15 community corrections facility, as those terms are defined by
8-16 Section 89.001, Health and Safety Code, as amended by this Act, on
8-17 or after January 1, 1998.
8-18 SECTION 15. The Texas Department of Health, the Texas
8-19 Department of Criminal Justice, the Texas Youth Commission, and the
8-20 Texas Department of Human Services shall adopt and implement the
8-21 memorandum of understanding required under Subchapter E, Chapter
8-22 89, Health and Safety Code, as added by this Act, not later than
8-23 January 1, 1998.
8-24 SECTION 16. This Act takes effect September 1, 1997.
8-25 SECTION 17. The importance of this legislation and the
8-26 crowded condition of the calendars in both houses create an
8-27 emergency and an imperative public necessity that the
8-28 constitutional rule requiring bills to be read on three several
8-29 days in each house be suspended, and this rule is hereby suspended.