By:  Ellis, Zaffirini                                  S.B. No. 939

              Moncrief

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to control of tuberculosis in certain jail populations.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Section 89.001, Health and Safety Code, is

 1-4     amended to read as follows:

 1-5           Sec. 89.001.  DEFINITIONS.  In this chapter:

 1-6                 (1)  "Community corrections facility" means a facility

 1-7     established under Chapter 509, Government Code.

 1-8                 (2)  "County jail" means a facility operated by or for

 1-9     a county for the confinement of persons accused or convicted of an

1-10     offense [and that has a capacity of 100 beds or more] and includes:

1-11                       (A)  a facility operated by or for a county for

1-12     the confinement of persons accused or convicted of an offense;

1-13                       (B)  a county jail or a correctional facility

1-14     authorized by Subchapter F, Chapter 351, Local Government Code; and

1-15                       (C)  a county correctional [corrections] center

1-16     authorized by Subchapter H, Chapter 351, Local Government Code.

1-17                 (3)  "Governing body" means:

1-18                       (A)  the commissioners court of a county, for a

1-19     county jail;

1-20                       (B)  the district judges governing a community

1-21     corrections facility, for a community corrections facility;

1-22                       (C)  the governing body of a municipality, for a

1-23     jail operated by or under contract to a municipality; or

 2-1                       (D)  the community supervision and corrections

 2-2     department, for a jail operated under contract to a community

 2-3     supervision and corrections department.

 2-4                 (4)  "Health authority" has the meaning assigned by

 2-5     Section 121.021.

 2-6                 (5)  "Jail" means:

 2-7                       (A)  a county jail; or

 2-8                       (B)  a facility for the confinement of persons

 2-9     accused of an offense that is:

2-10                             (i)  operated by a municipality or a vendor

2-11     under contract with a municipality under Subchapter E, Chapter 351,

2-12     Local Government Code; or

2-13                             (ii)  operated by a vendor under contract

2-14     with a community supervision and corrections department under

2-15     Chapter 76, Government Code.

2-16                 (6) [(4)]  "Local health department" means a health

2-17     department created under Subchapter D, Chapter 121.

2-18                 (7) [(5)]  "Physician" means a person licensed to

2-19     practice medicine in a state of the United States.

2-20                 (8) [(6)]  "Public health district" means a health

2-21     district established under Subchapter E, Chapter 121.

2-22                 (9) [(7)]  "Screening test" means a rapid analytical

2-23     laboratory or other procedure to determine the need for further

2-24     diagnostic evaluation.

2-25                 (10) [(8)]  "Tuberculosis" means a disease caused by

 3-1     Mycobacterium tuberculosis or other members of the Mycobacterium

 3-2     tuberculosis complex.

 3-3           SECTION 2.  Subchapter A, Chapter 89, Health and Safety Code,

 3-4     is amended by adding Section 89.002 to read as follows:

 3-5           Sec. 89.002.  SCOPE OF CHAPTER.  Except as provided by

 3-6     Subchapter E, this chapter applies only to a jail that:

 3-7                 (1)  has a capacity of at least 100 beds; or

 3-8                 (2)  houses inmates:

 3-9                       (A)  transferred from a county that has a jail

3-10     that has a capacity of at least 100 beds; or

3-11                       (B)  from another state.

3-12           SECTION 3.  Subsection (a), Section 89.011, Health and Safety

3-13     Code, is amended to read as follows:

3-14           (a)  The governing body of a jail or [commissioners court of

3-15     each county and the district judges governing a] community

3-16     corrections facility, through the community supervision and

3-17     corrections department, shall require that each employee or

3-18     volunteer working or providing services in a [county] jail or a

3-19     community corrections facility, who meets the screening guidelines

3-20     prescribed by board rule, present to the governing body [court or

3-21     judicial district] a certificate signed by a physician that states

3-22     that:

3-23                 (1)  the employee or volunteer has been tested for

3-24     tuberculosis infection in accordance with board rules; and

3-25                 (2)  the results of the test indicate that the person

 4-1     does not have tuberculosis.

 4-2           SECTION 4.  Subsection (b), Section 89.012, Health and Safety

 4-3     Code, is amended to read as follows:

 4-4           (b)  If the employee or volunteer has tuberculosis, the

 4-5     governing body [commissioners court or the judicial district, as

 4-6     appropriate,] may not permit the person to begin or continue the

 4-7     person's employment duties or volunteer services unless the person

 4-8     is under treatment for the disease by a physician and the person

 4-9     provides to the governing body [court or judicial district] a

4-10     certificate signed by the attending physician stating that the

4-11     patient is noninfectious.

4-12           SECTION 5.  Sections 89.013 and 89.014, Health and Safety

4-13     Code, are amended to read as follows:

4-14           Sec. 89.013.  CERTIFICATE REQUIRED.  (a)  The governing body

4-15     [commissioners court, judicial district,] or a designee of the

4-16     governing body [either] shall confirm that each employee or

4-17     volunteer required to be screened under this subchapter has the

4-18     required certificate.

4-19           (b)  The governing body [commissioners court or judicial

4-20     district] may not permit an employee or volunteer to carry out the

4-21     person's duties if the person does not have the required

4-22     certificate.

4-23           Sec. 89.014.  COST OF TESTS, FOLLOW-UP, AND TREATMENT.  The

4-24     employee or volunteer shall pay the expense of a screening test,

4-25     diagnostic evaluation, or other professional medical service

 5-1     required under this subchapter unless the commissioners court, the

 5-2     governing body of a municipality, or a local health department or

 5-3     public health district elects to provide the service.

 5-4           SECTION 6.  Subsections (a) and (b), Section 89.051, Health

 5-5     and Safety Code, are amended to read as follows:

 5-6           (a)  Each inmate in a [county] jail or community corrections

 5-7     facility shall undergo a screening test for tuberculosis infection

 5-8     approved by the board if:

 5-9                 (1)  the inmate will probably be confined in jail or a

5-10     community corrections facility for more than seven [14] days; and

5-11                 (2)  the inmate meets the screening guidelines

5-12     prescribed by board rules.

5-13           (b)  The inmate must be tested on or before the seventh

5-14     [14th] day after the day the inmate is first confined.

5-15           SECTION 7.  Section 89.052, Health and Safety Code, is

5-16     amended to read as follows:

5-17           Sec. 89.052.  RESCREENING; DIAGNOSTIC EVALUATIONS.  The

5-18     department or a health authority may require a governing body [the

5-19     commissioners court or the judicial district] to provide an

5-20     additional screening test or a diagnostic evaluation if the

5-21     department or health authority determines that an additional

5-22     screening test or a diagnostic evaluation is necessary and

5-23     appropriate to protect the health of the jail inmates, employees,

5-24     volunteers, or the public.

5-25           SECTION 8.  Subsections (a) and (c), Section 89.053, Health

 6-1     and Safety Code, are amended to read as follows:

 6-2           (a)  If an inmate has a confirmed positive screening test

 6-3     result, the governing body [commissioners court or judicial

 6-4     district] shall provide a diagnostic evaluation to determine

 6-5     whether the inmate has tuberculosis.

 6-6           (c)  The [county] jail or community corrections facility

 6-7     shall provide preventive therapy to an infected inmate if the

 6-8     preventive therapy is prescribed by the attending physician and the

 6-9     inmate consents to the treatment.

6-10           SECTION 9.  Section 89.072, Health and Safety Code, is

6-11     amended to read as follows:

6-12           Sec. 89.072.  RULEMAKING.  The department shall recommend to

6-13     the Commission on Jail Standards and the Texas Department of

6-14     Criminal Justice rules to carry out this chapter, including rules

6-15     describing:

6-16                 (1)  the types of screening tests and diagnostic

6-17     evaluations and the scope of the professional examinations that may

6-18     be used to meet the requirements of this chapter;

6-19                 (2)  the categories of employees, volunteers, or

6-20     inmates who must have a screening test under this chapter;

6-21                 (3)  the form and content of the certificate required

6-22     under Subchapter B for employees and volunteers;

6-23                 (4)  the deadlines for filing a certificate;

6-24                 (5)  the transfer of employee or volunteer certificates

6-25     and inmate records between [county or judicial district]

 7-1     facilities;

 7-2                 (6)  the frequency of screening tests for employees,

 7-3     volunteers, and inmates;

 7-4                 (7)  the criteria for requiring an additional screening

 7-5     test or a diagnostic evaluation or examination; and

 7-6                 (8)  the reporting of a screening test or an evaluation

 7-7     or examination result to the appropriate health authority or to the

 7-8     department.

 7-9           SECTION 10.  Subsections (b) and (c), Section 89.073, Health

7-10     and Safety Code, are amended to read as follows:

7-11           (b)  With the prior approval of the department:

7-12                 (1)  a governing body [commissioners court or a

7-13     judicial district] may adopt and enforce standards for carrying out

7-14     this chapter if the standards are compatible with and equal to or

7-15     more stringent than the standards prescribed by this chapter and

7-16     the board's rules; and

7-17                 (2)  a private facility may adopt and enforce standards

7-18     for carrying out this chapter if the standards are compatible with

7-19     and equal to or more stringent than the standards prescribed by

7-20     this chapter and the board's rules.

7-21           (c)  The board shall adopt substantive and procedural rules

7-22     to govern the submission of [county, judicial district, or private

7-23     jail] standards adopted under Subsection (b).  At a minimum these

7-24     rules must contain:

7-25                 (1)  a procedure for the submission of standards for

 8-1     departmental review; and

 8-2                 (2)  an internal departmental appeal process by which a

 8-3     governing body [county, judicial district,] or private entity may

 8-4     seek a review of the department's decision to reject [the entity's]

 8-5     proposed standards.

 8-6           SECTION 11.  Chapter 89, Health and Safety Code, is amended

 8-7     by adding Subchapter E to read as follows:

 8-8                      SUBCHAPTER E.  CONTINUITY OF CARE

 8-9           Sec. 89.101.  DEFINITIONS.  In this subchapter:

8-10                 (1)  "Corrections facility" means:

8-11                       (A)  a jail or community corrections facility,

8-12     without regard to whether the jail or facility satisfies the

8-13     requirements of Section 89.002;

8-14                       (B)  any correctional facility operated by or

8-15     under contract with a division of the Texas Department of Criminal

8-16     Justice; or

8-17                       (C)  a detention facility operated by the Texas

8-18     Youth Commission.

8-19                 (2)  "Offender" means a juvenile or adult who is

8-20     arrested or charged with a criminal offense.

8-21           Sec. 89.102.  REPORT OF RELEASE.  A corrections facility

8-22     shall report to the department the release of an offender who is

8-23     receiving treatment for tuberculosis.  The department shall arrange

8-24     for continuity of care for the offender.

8-25           SECTION 12.  Section 511.011, Government Code, is amended to

 9-1     read as follows:

 9-2           Sec. 511.011.  REPORT ON NONCOMPLIANCE.  If the commission

 9-3     finds that a county jail does not comply with state law, including

 9-4     Chapter 89, Health and Safety Code, or the rules, standards, or

 9-5     procedures of the commission, it shall report the noncompliance to

 9-6     the county commissioners and sheriff of the county responsible for

 9-7     the county jail and shall send a copy of the report to the

 9-8     governor.

 9-9           SECTION 13.  Subsection (a), Section 511.014, Government

9-10     Code, is amended to read as follows:

9-11           (a)  Instead of closing a county jail, the commission may

9-12     bring an action in its own name to enforce or enjoin a violation of

9-13     Subchapter A, Chapter 351, Local Government Code, Chapter 89,

9-14     Health and Safety Code, or a commission rule, order, or procedure.

9-15     The action is in addition to any other action, proceeding, or

9-16     remedy provided by law.  The court shall give preferential setting

9-17     and shall try the action without a jury, unless the county requests

9-18     a jury trial.  The attorney general shall represent the commission.

9-19           SECTION 14.  The change in law made by Sections 1 through 10

9-20     and Sections 12 and 13 of this Act applies only to the operation of

9-21     a jail or a community corrections facility, as those terms are

9-22     defined by Section 89.001, Health and Safety Code, as amended by

9-23     this Act, on or after January 1, 1998.

9-24           SECTION 15.  This Act takes effect September 1, 1997.

9-25           SECTION 16.  The importance of this legislation and the

 10-1    crowded condition of the calendars in both houses create an

 10-2    emergency and an imperative public necessity that the

 10-3    constitutional rule requiring bills to be read on three several

 10-4    days in each house be suspended, and this rule is hereby suspended.