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H.B. No. 627
AN ACT
relating to an area quarantine in response to the introduction of an
environmental or toxic agent into the environment; providing a
criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 6, Health and Safety Code, is
amended by adding Chapter 508 to read as follows:
CHAPTER 508. AREA QUARANTINE FOR ENVIRONMENTAL OR TOXIC AGENT
Sec. 508.001. DEFINITIONS. In this chapter:
(1) "Environmental or toxic agent" means any bacterium
or other disease–producing organism, toxic substance, radioactive
substance, or other hazardous substance capable of causing
widespread human illness, death, or substantial negative economic
impact.
(2) "Health authority" means a physician appointed as
a health authority or a regional director under Chapter 121.
Sec. 508.002. APPLICABILITY. 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) 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, the commissioner or authorities may
impose an area quarantine in the manner and subject to the
procedures provided for an area quarantine imposed under Section
81.085. The commissioner of public health or a health authority
may, 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. The area quarantine must be
accomplished by the least restrictive means necessary to protect
public health considering the availability of resources.
(b) A quarantine imposed by a health authority under this
section expires at the earlier of:
(1) the 24th hour after the time the quarantine is
imposed; or
(2) the time that appropriate action to terminate the
quarantine or impose superseding requirements is taken under
Chapter 418, Government Code, or is taken by the commissioner of
public health under this section.
Sec. 508.004. CRIMINAL PENALTY. 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. An offense under this subsection is
a felony of the third degree.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 627 was passed by the House on April
10, 2003, by the following vote: Yeas 143, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 627 was passed by the Senate on May
20, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor