SRC-LBB H.B. 627 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 627
78R9953 DLF-DBy: Reyna (Deuell)
Infrastructure Development and Security
5/6/2003
Engrossed


DIGEST AND PURPOSE 

Article 81.085 of the Health and Safety Code provides a process for the
commissioner of public health or one or more Health Authorities to
establish a quarantine in an area affected by an outbreak of a
communicable disease.  Recent developments related to terrorist threats
have highlighted the absence of a similar type of quarantine authority in
the event of a bioterrorist attack. H.B. 627 authorizes the temporary
implementation of an area quarantine if the commissioner of public health
or one or more health authorities determine that the introduction of an
environmental or toxic agent into the environment has occurred.  H.B. 627
creates a penalty for the violation of the conditions imposed by the
commissioner of public health or a health authority who has established a
quarantine under the terms of this Act.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle D, Title 6, Health and Safety Code, by adding
Chapter 508, as follows: 

CHAPTER 508.  AREA QUARANTINE FOR ENVIRONMENTAL OR TOXIC AGENT

Sec. 508.001.  DEFINITIONS.  Defines  "environmental or toxic agent" and
"health authority." 

Sec. 508.002.  APPLICABILITY.  Provides that this chapter applies to any
circumstance in which an environmental or toxic agent is introduced into
the environment, including an act of terrorism. 

Sec. 508.003.  AREA QUARANTINE.  (a)  Authorizes the commissioner of
public health or one or more health authorities, if the commissioner or an
authority determines that the introduction of an environmental or toxic
agent into the environment has occurred, to impose an area quarantine in
the manner and subject to the procedures provided for an area quarantine
imposed under Section 81.085.  Authorizes the commissioner of public
health or a health authority to, with respect to an area quarantine
imposed under this chapter, exercise any power for a response to the
introduction of an environmental or toxic agent into the environment under
this section that is authorized by Section 81.085 for a response to an
outbreak of a communicable disease.  Requires the area quarantine to be
accomplished by the least restrictive means necessary to protect public
health considering the availability of resources. 

(b)  Provides that a quarantine imposed by a health authority under this
section expires on a certain date. 
  
Sec. 508.004.  CRIMINAL PENALTY.  Provides that a person commits an
offense if the person knowingly fails or refuses to obey an order or
instruction of the commissioner of public health or a health authority
issued under this chapter and published during an area  quarantine under
this section.  Provides that an offense under this subsection is a felony
of the third degree. 

SECTION 2.  Effective date:  upon passage or September 1, 2003.