Bill not drafted by TLC or Senate E&E.
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By: Ellis, Zaffirini S.B. No. 939
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 F, Chapter
2-12 351, 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 from:
3-9 (A) a different county than the county in which
3-10 the jail is located; or
3-11 (B) another state.
3-12 SECTION 3. Section 89.011(a), Health and Safety Code, is
3-13 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. Section 89.012(b), Health and Safety Code, is
4-3 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. Section 89.051(a), Health and Safety Code, is
5-5 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 7 [14] days; and
5-11 (2) the inmate meets the screening guidelines
5-12 prescribed by board rules.
5-13 SECTION 7. Section 89.052, Health and Safety Code, is
5-14 amended to read as follows:
5-15 Sec. 89.052. RESCREENING; DIAGNOSTIC EVALUATIONS. The
5-16 department or a health authority may require a governing body [the
5-17 commissioners court or the judicial district] to provide an
5-18 additional screening test or a diagnostic evaluation if the
5-19 department or health authority determines that an additional
5-20 screening test or a diagnostic evaluation is necessary and
5-21 appropriate to protect the health of the jail inmates, employees,
5-22 volunteers, or the public.
5-23 SECTION 8. Sections 89.053(a) and (c), Health and Safety
5-24 Code, are amended to read as follows:
5-25 (a) If an inmate has a confirmed positive screening test
6-1 result, the governing body [commissioners court or judicial
6-2 district] shall provide a diagnostic evaluation to determine
6-3 whether the inmate has tuberculosis.
6-4 (c) The [county] jail or community corrections facility
6-5 shall provide preventive therapy to an infected inmate if the
6-6 preventive therapy is prescribed by the attending physician and the
6-7 inmate consents to the treatment.
6-8 SECTION 9. Section 89.072, Health and Safety Code, is
6-9 amended to read as follows:
6-10 Sec. 89.072. RULEMAKING. The department shall recommend to
6-11 the Commission on Jail Standards and the Texas Department of
6-12 Criminal Justice rules to carry out this chapter, including rules
6-13 describing:
6-14 (1) the types of screening tests and diagnostic
6-15 evaluations and the scope of the professional examinations that may
6-16 be used to meet the requirements of this chapter;
6-17 (2) the categories of employees, volunteers, or
6-18 inmates who must have a screening test under this chapter;
6-19 (3) the form and content of the certificate required
6-20 under Subchapter B for employees and volunteers;
6-21 (4) the deadlines for filing a certificate;
6-22 (5) the transfer of employee or volunteer certificates
6-23 and inmate records between [county or judicial district]
6-24 facilities;
6-25 (6) the frequency of screening tests for employees,
7-1 volunteers, and inmates;
7-2 (7) the criteria for requiring an additional screening
7-3 test or a diagnostic evaluation or examination; and
7-4 (8) the reporting of a screening test or an evaluation
7-5 or examination result to the appropriate health authority or to the
7-6 department.
7-7 SECTION 10. Sections 89.073(b) and (c), Health and Safety
7-8 Code, are amended to read as follows:
7-9 (b) With the prior approval of the department:
7-10 (1) a governing body [commissioners court or a
7-11 judicial district] may adopt and enforce standards for carrying out
7-12 this chapter if the standards are compatible with and equal to or
7-13 more stringent than the standards prescribed by this chapter and
7-14 the board's rules; and
7-15 (2) a private facility may adopt and enforce standards
7-16 for carrying out this chapter if the standards are compatible with
7-17 and equal to or more stringent than the standards prescribed by
7-18 this chapter and the board's rules.
7-19 (c) The board shall adopt substantive and procedural rules
7-20 to govern the submission of [county, judicial district, or private
7-21 jail] standards adopted under Subsection (b). At a minimum these
7-22 rules must contain:
7-23 (1) a procedure for the submission of standards for
7-24 departmental review; and
7-25 (2) an internal departmental appeal process by which a
8-1 governing body [county, judicial district,] or private entity may
8-2 seek a review of the department's decision to reject [the entity's]
8-3 proposed standards.
8-4 SECTION 11. Chapter 89, Health and Safety Code, is amended
8-5 by adding Subchapter E to read as follows:
8-6 SUBCHAPTER E. CONTINUITY OF CARE
8-7 Sec. 89.101. DEFINITIONS. In this subchapter:
8-8 (1) "Corrections facility" means:
8-9 (A) a jail or community corrections facility,
8-10 without regard to whether the jail or facility satisfies the
8-11 requirements of Section 89.002;
8-12 (B) any correctional facility operated by or
8-13 under contract with a division of the Texas Department of Criminal
8-14 Justice; or
8-15 (C) a detention facility operated by the Texas
8-16 Youth Commission.
8-17 (2) "Offender" means a juvenile or adult who is
8-18 arrested or charged with a criminal offense.
8-19 Sec. 89.102. REPORT OF RELEASE. A corrections facility shall
8-20 report to the department the release of an offender in treatment
8-21 for tuberculosis disease or infection. The department shall
8-22 arrange for continuity of care for the offender.
8-23 SECTION 12. Section 511.011, Government Code, is amended to
8-24 read as follows:
8-25 Sec. 511.011. REPORT ON NONCOMPLIANCE. If the commission
9-1 finds that a county jail does not comply with state law, including
9-2 Chapter 89, Health and Safety Code, or the rules, standards, or
9-3 procedures of the commission, it shall report the noncompliance to
9-4 the county commissioners and sheriff of the county responsible for
9-5 the county jail and shall send a copy of the report to the
9-6 governor.
9-7 SECTION 13. Section 511.014(a), Government Code, is amended
9-8 to read as follows:
9-9 (a) Instead of closing a county jail, the commission may
9-10 bring an action in its own name to enforce or enjoin a violation of
9-11 Subchapter A, Chapter 351, Local Government Code, Chapter 89,
9-12 Health and Safety Code, or a commission rule, order, or procedure.
9-13 The action is in addition to any other action, proceeding, or
9-14 remedy provided by law. The court shall give preferential setting
9-15 and shall try the action without a jury, unless the county requests
9-16 a jury trial. The attorney general shall represent the commission.
9-17 SECTION 14. The change in law made by Sections 1-10 and
9-18 12-13 of this Act applies only to the operation of a jail or a
9-19 community corrections facility, as those terms are defined by
9-20 Section 89.001, Health and Safety Code, as amended by this Act, on
9-21 or after January 1, 1998.
9-22 SECTION 15. The Texas Department of Health, the Texas
9-23 Department of Criminal Justice, the Texas Youth Commission, and the
9-24 Texas Department of Human Services shall adopt and implement the
9-25 memorandum of understanding required under Subchapter E, Chapter
10-1 89, Health and Safety Code, as added by this Act, not later than
10-2 January 1, 1998.
10-3 SECTION 16. This Act takes effect September 1, 1997.
10-4 SECTION 17. The importance of this legislation and the
10-5 crowded condition of the calendars in both houses create an
10-6 emergency and an imperative public necessity that the
10-7 constitutional rule requiring bills to be read on three several
10-8 days in each house be suspended, and this rule is hereby suspended.