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78R2682 DLF-D

By:  Reyna                                                        H.B. No. 627



A BILL TO BE ENTITLED

AN ACT

relating to an area quarantine in response to a bioterrorist 
attack; imposing 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 HAZARDOUS

SUBSTANCES IN BIOTERRORIST ATTACK
	Sec. 508.001.  DEFINITIONS.  In this chapter:                           
		(1)  "Bioterrorist attack" means the reckless or 
intentional introduction into the environment of any bacterium or 
other disease–producing organism, toxic substance, radioactive 
substance, or other hazardous substance capable of causing 
widespread human illness, death, or negative economic impact.
		(2)  "Health authority" means a physician appointed as 
a health authority under Chapter 121.
	Sec. 508.002.  AREA QUARANTINE.  If the commissioner of 
public health determines that a bioterrorist attack has occurred, 
the commissioner or one or more health authorities may impose an 
area quarantine in the manner and subject to the procedures and 
restrictions provided for an area quarantine imposed under Section 
81.085.  The commissioner of public health, the Texas Board of 
Health, or a health authority may, with respect to an area 
quarantine imposed under this chapter, exercise any power granted 
under Section 81.085.
	Sec. 508.003.  CRIMINAL PENALTY. A person commits an offense 
if the person knowingly fails or refuses to obey a rule, order, or 
instruction of the Texas Board of Health or an order or instruction 
of a health authority issued under a board rule 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.