1-1 By: Ellis, Zaffirini, Moncrief S.B. No. 939
1-2 (In the Senate - Filed March 4, 1997; March 10, 1997, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 7, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 11, Nays 0; April 7, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 939 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to control of tuberculosis in certain jail populations.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 89.001, Health and Safety Code, is
1-13 amended to read as follows:
1-14 Sec. 89.001. DEFINITIONS. In this chapter:
1-15 (1) "Community corrections facility" means a facility
1-16 established under Chapter 509, Government Code.
1-17 (2) "County jail" means a facility operated by or for
1-18 a county for the confinement of persons accused or convicted of an
1-19 offense [and that has a capacity of 100 beds or more] and includes:
1-20 (A) a facility operated by or for a county for
1-21 the confinement of persons accused or convicted of an offense;
1-22 (B) a county jail or a correctional facility
1-23 authorized by Subchapter F, Chapter 351, Local Government Code; and
1-24 (C) a county correctional [corrections] center
1-25 authorized by Subchapter H, Chapter 351, Local Government Code.
1-26 (3) "Governing body" means:
1-27 (A) the commissioners court of a county, for a
1-28 county jail;
1-29 (B) the district judges governing a community
1-30 corrections facility, for a community corrections facility;
1-31 (C) the governing body of a municipality, for a
1-32 jail operated by or under contract to a municipality; or
1-33 (D) the community supervision and corrections
1-34 department, for a jail operated under contract to a community
1-35 supervision and corrections department.
1-36 (4) "Health authority" has the meaning assigned by
1-37 Section 121.021.
1-38 (5) "Jail" means:
1-39 (A) a county jail; or
1-40 (B) a facility for the confinement of persons
1-41 accused of an offense that is:
1-42 (i) operated by a municipality or a vendor
1-43 under contract with a municipality under Subchapter E, Chapter 351,
1-44 Local Government Code; or
1-45 (ii) operated by a vendor under contract
1-46 with a community supervision and corrections department under
1-47 Chapter 76, Government Code.
1-48 (6) [(4)] "Local health department" means a health
1-49 department created under Subchapter D, Chapter 121.
1-50 (7) [(5)] "Physician" means a person licensed to
1-51 practice medicine in a state of the United States.
1-52 (8) [(6)] "Public health district" means a health
1-53 district established under Subchapter E, Chapter 121.
1-54 (9) [(7)] "Screening test" means a rapid analytical
1-55 laboratory or other procedure to determine the need for further
1-56 diagnostic evaluation.
1-57 (10) [(8)] "Tuberculosis" means a disease caused by
1-58 Mycobacterium tuberculosis or other members of the Mycobacterium
1-59 tuberculosis complex.
1-60 SECTION 2. Subchapter A, Chapter 89, Health and Safety Code,
1-61 is amended by adding Section 89.002 to read as follows:
1-62 Sec. 89.002. SCOPE OF CHAPTER. Except as provided by
1-63 Subchapter E, this chapter applies only to a jail that:
1-64 (1) has a capacity of at least 100 beds; or
2-1 (2) houses inmates:
2-2 (A) transferred from a county that has a jail
2-3 that has a capacity of at least 100 beds; or
2-4 (B) from another state.
2-5 SECTION 3. Subsection (a), Section 89.011, Health and Safety
2-6 Code, is amended to read as follows:
2-7 (a) The governing body of a jail or [commissioners court of
2-8 each county and the district judges governing a] community
2-9 corrections facility, through the community supervision and
2-10 corrections department, shall require that each employee or
2-11 volunteer working or providing services in a [county] jail or a
2-12 community corrections facility, who meets the screening guidelines
2-13 prescribed by board rule, present to the governing body [court or
2-14 judicial district] a certificate signed by a physician that states
2-15 that:
2-16 (1) the employee or volunteer has been tested for
2-17 tuberculosis infection in accordance with board rules; and
2-18 (2) the results of the test indicate that the person
2-19 does not have tuberculosis.
2-20 SECTION 4. Subsection (b), Section 89.012, Health and Safety
2-21 Code, is amended to read as follows:
2-22 (b) If the employee or volunteer has tuberculosis, the
2-23 governing body [commissioners court or the judicial district, as
2-24 appropriate,] may not permit the person to begin or continue the
2-25 person's employment duties or volunteer services unless the person
2-26 is under treatment for the disease by a physician and the person
2-27 provides to the governing body [court or judicial district] a
2-28 certificate signed by the attending physician stating that the
2-29 patient is noninfectious.
2-30 SECTION 5. Sections 89.013 and 89.014, Health and Safety
2-31 Code, are amended to read as follows:
2-32 Sec. 89.013. CERTIFICATE REQUIRED. (a) The governing body
2-33 [commissioners court, judicial district,] or a designee of the
2-34 governing body [either] shall confirm that each employee or
2-35 volunteer required to be screened under this subchapter has the
2-36 required certificate.
2-37 (b) The governing body [commissioners court or judicial
2-38 district] may not permit an employee or volunteer to carry out the
2-39 person's duties if the person does not have the required
2-40 certificate.
2-41 Sec. 89.014. COST OF TESTS, FOLLOW-UP, AND TREATMENT. The
2-42 employee or volunteer shall pay the expense of a screening test,
2-43 diagnostic evaluation, or other professional medical service
2-44 required under this subchapter unless the commissioners court, the
2-45 governing body of a municipality, or a local health department or
2-46 public health district elects to provide the service.
2-47 SECTION 6. Subsections (a) and (b), Section 89.051, Health
2-48 and Safety Code, are amended to read as follows:
2-49 (a) Each inmate in a [county] jail or community corrections
2-50 facility shall undergo a screening test for tuberculosis infection
2-51 approved by the board if:
2-52 (1) the inmate will probably be confined in jail or a
2-53 community corrections facility for more than seven [14] days; and
2-54 (2) the inmate meets the screening guidelines
2-55 prescribed by board rules.
2-56 (b) The inmate must be tested on or before the seventh
2-57 [14th] day after the day the inmate is first confined.
2-58 SECTION 7. Section 89.052, Health and Safety Code, is
2-59 amended to read as follows:
2-60 Sec. 89.052. RESCREENING; DIAGNOSTIC EVALUATIONS. The
2-61 department or a health authority may require a governing body [the
2-62 commissioners court or the judicial district] to provide an
2-63 additional screening test or a diagnostic evaluation if the
2-64 department or health authority determines that an additional
2-65 screening test or a diagnostic evaluation is necessary and
2-66 appropriate to protect the health of the jail inmates, employees,
2-67 volunteers, or the public.
2-68 SECTION 8. Subsections (a) and (c), Section 89.053, Health
2-69 and Safety Code, are amended to read as follows:
3-1 (a) If an inmate has a confirmed positive screening test
3-2 result, the governing body [commissioners court or judicial
3-3 district] shall provide a diagnostic evaluation to determine
3-4 whether the inmate has tuberculosis.
3-5 (c) The [county] jail or community corrections facility
3-6 shall provide preventive therapy to an infected inmate if the
3-7 preventive therapy is prescribed by the attending physician and the
3-8 inmate consents to the treatment.
3-9 SECTION 9. Section 89.072, Health and Safety Code, is
3-10 amended to read as follows:
3-11 Sec. 89.072. RULEMAKING. The department shall recommend to
3-12 the Commission on Jail Standards and the Texas Department of
3-13 Criminal Justice rules to carry out this chapter, including rules
3-14 describing:
3-15 (1) the types of screening tests and diagnostic
3-16 evaluations and the scope of the professional examinations that may
3-17 be used to meet the requirements of this chapter;
3-18 (2) the categories of employees, volunteers, or
3-19 inmates who must have a screening test under this chapter;
3-20 (3) the form and content of the certificate required
3-21 under Subchapter B for employees and volunteers;
3-22 (4) the deadlines for filing a certificate;
3-23 (5) the transfer of employee or volunteer certificates
3-24 and inmate records between [county or judicial district]
3-25 facilities;
3-26 (6) the frequency of screening tests for employees,
3-27 volunteers, and inmates;
3-28 (7) the criteria for requiring an additional screening
3-29 test or a diagnostic evaluation or examination; and
3-30 (8) the reporting of a screening test or an evaluation
3-31 or examination result to the appropriate health authority or to the
3-32 department.
3-33 SECTION 10. Subsections (b) and (c), Section 89.073, Health
3-34 and Safety Code, are amended to read as follows:
3-35 (b) With the prior approval of the department:
3-36 (1) a governing body [commissioners court or a
3-37 judicial district] may adopt and enforce standards for carrying out
3-38 this chapter if the standards are compatible with and equal to or
3-39 more stringent than the standards prescribed by this chapter and
3-40 the board's rules; and
3-41 (2) a private facility may adopt and enforce standards
3-42 for carrying out this chapter if the standards are compatible with
3-43 and equal to or more stringent than the standards prescribed by
3-44 this chapter and the board's rules.
3-45 (c) The board shall adopt substantive and procedural rules
3-46 to govern the submission of [county, judicial district, or private
3-47 jail] standards adopted under Subsection (b). At a minimum these
3-48 rules must contain:
3-49 (1) a procedure for the submission of standards for
3-50 departmental review; and
3-51 (2) an internal departmental appeal process by which a
3-52 governing body [county, judicial district,] or private entity may
3-53 seek a review of the department's decision to reject [the entity's]
3-54 proposed standards.
3-55 SECTION 11. Chapter 89, Health and Safety Code, is amended
3-56 by adding Subchapter E to read as follows:
3-57 SUBCHAPTER E. CONTINUITY OF CARE
3-58 Sec. 89.101. DEFINITIONS. In this subchapter:
3-59 (1) "Corrections facility" means:
3-60 (A) a jail or community corrections facility,
3-61 without regard to whether the jail or facility satisfies the
3-62 requirements of Section 89.002;
3-63 (B) any correctional facility operated by or
3-64 under contract with a division of the Texas Department of Criminal
3-65 Justice; or
3-66 (C) a detention facility operated by the Texas
3-67 Youth Commission.
3-68 (2) "Offender" means a juvenile or adult who is
3-69 arrested or charged with a criminal offense.
4-1 Sec. 89.102. REPORT OF RELEASE. A corrections facility
4-2 shall report to the department the release of an offender who is
4-3 receiving treatment for tuberculosis. The department shall arrange
4-4 for continuity of care for the offender.
4-5 SECTION 12. Section 511.011, Government Code, is amended to
4-6 read as follows:
4-7 Sec. 511.011. REPORT ON NONCOMPLIANCE. If the commission
4-8 finds that a county jail does not comply with state law, including
4-9 Chapter 89, Health and Safety Code, or the rules, standards, or
4-10 procedures of the commission, it shall report the noncompliance to
4-11 the county commissioners and sheriff of the county responsible for
4-12 the county jail and shall send a copy of the report to the
4-13 governor.
4-14 SECTION 13. Subsection (a), Section 511.014, Government
4-15 Code, is amended to read as follows:
4-16 (a) Instead of closing a county jail, the commission may
4-17 bring an action in its own name to enforce or enjoin a violation of
4-18 Subchapter A, Chapter 351, Local Government Code, Chapter 89,
4-19 Health and Safety Code, or a commission rule, order, or procedure.
4-20 The action is in addition to any other action, proceeding, or
4-21 remedy provided by law. The court shall give preferential setting
4-22 and shall try the action without a jury, unless the county requests
4-23 a jury trial. The attorney general shall represent the commission.
4-24 SECTION 14. The change in law made by Sections 1 through 10
4-25 and Sections 12 and 13 of this Act applies only to the operation of
4-26 a jail or a community corrections facility, as those terms are
4-27 defined by Section 89.001, Health and Safety Code, as amended by
4-28 this Act, on or after January 1, 1998.
4-29 SECTION 15. This Act takes effect September 1, 1997.
4-30 SECTION 16. The importance of this legislation and the
4-31 crowded condition of the calendars in both houses create an
4-32 emergency and an imperative public necessity that the
4-33 constitutional rule requiring bills to be read on three several
4-34 days in each house be suspended, and this rule is hereby suspended.
4-35 * * * * *