C.S.H.B. 446 78(R)    BILL ANALYSIS


C.S.H.B. 446
By: Smith, Wayne
Public Health
Committee Report (Substituted)

  
BACKGROUND AND PURPOSE 
The mosquito-borne disease, West Nile Virus, arrived in Texas in 2002.
This disease was first discovered in this hemisphere in New York City in
1999.  Since then it has spread into forty-four states and the District of
Columbia. To date, 4,161 persons have contracted the disease with 277
deaths being reported nationwide, including 202 cases and 12 deaths in
Texas. Thirty-eight counties in Texas have discovered  human cases of West
Nile, and 204 have discovered cases where horses contracted the virus.
During 2002, in Texas 1,697 horses, who are very susceptible to West Nile
virus, were infected.  West Nile virus has been found in 27 species of
mammals, over 80 species of birds and 30 species of mosquitoes. 
 Of the 30 or more mosquito species that have been found infected with the
disease, one species, Culex Quinquefasciatus, the "Southern House
mosquito," is the most important to Harris County and Texas. The Culex
Quinquefasciatus breeds primarily in water with high organic content
either from plant decay or human and animal waste. Reducing the number of
these breeding sites is the key to reducing the risk of West Nile Fever. 
 Chapter 341.011 (7), of the Texas Health and Safety Code defines one type
of public health nuisance condition as "a collection of water in which
mosquitoes are breeding in the limits of a municipality." In Harris County
over 1.3 million people live outside city limits.  C.S.H.B. 446 would
extend the definition of public health nuisance to include possible
breeding areas for disease carrying mosquitos. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Section 341.011, Health and Safety Code is amended to include in the
definition of public health nuisance a collection of water that is a
breeding area for Culex Quinquefasciatus mosquitoes that can transmit
diseases regardless of the collection's location. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The Substitute specifies that the collection of water has to be a breeding
area for the Culex Quinquefasciatus mosquito.