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78R49 MCK-D

By:  Van de Putte                                                 S.B. No. 399


A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the governor and certain state agencies relating to public health, including public health emergencies. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 418.004, Government Code, is amended by adding Subdivision (8) to read as follows: (8) "Public health emergency" means an immediate threat from a communicable disease as defined by Section 81.003, Health and Safety Code, that: (A) poses a high risk of death or serious long-term disability to a large number of people; and (B) creates a substantial risk of public exposure because of the disease's high level of contagion or the method by which the disease is transmitted. SECTION 2. Section 418.014, Government Code, is amended by amending Subsection (e) and adding Subsections (f), (g), and (h) to read as follows: (e) An executive order or proclamation shall be disseminated promptly by means intended to bring its contents to the attention of the general public. The order or proclamation shall be disseminated in English and Spanish and in a manner accessible to people with disabilities. An order or proclamation shall be filed promptly with the division of emergency management, the secretary of state, and the county clerk or city secretary in each area to which it applies unless the circumstances attendant on the disaster prevent or impede the filing. (f) The governor, in consultation with the commissioner of public health, may declare that a state of disaster constitutes a public health emergency to which the public health emergency provisions of Chapter 81, Health and Safety Code, and other laws apply. Declaring a state of disaster that constitutes a public health emergency activates the public health emergency aspects of the state emergency management plan applicable to the area subject to the declaration. (g) A state of disaster that constitutes a public health emergency may be renewed one time by the governor, in consultation with the commissioner of public health, for an additional 30 days. An additional renewal may be made by the governor only after consulting with the commissioner of public health, the lieutenant governor, and the speaker of the house. (h) An executive order or proclamation declaring a state of disaster that constitutes a public health emergency must identify the primary public health authority responsible for responding to the emergency. SECTION 3. Subchapter C, Chapter 418, Government Code, is amended by adding Section 418.0425 to read as follows: Sec. 418.0425. PUBLIC HEALTH EMERGENCY PLAN. (a) As part of the comprehensive state emergency management plan under Section 418.042, the division shall prepare and keep current a public health emergency plan. The plan must include: (1) a means of notifying and communicating with the public during a state of public health emergency; (2) centralized coordination of resources, manpower, and services, including coordination of responses by state, local, and federal agencies; (3) the location, procurement, storage, transportation, maintenance, and distribution of essential materials, including medical supplies, drugs, vaccines, food, shelter, and beds; (4) provisions for the continued, effective operation of the judicial system including, if necessary, the identification and training of personnel to serve as emergency judges regarding matters of isolation and quarantine; (5) the method of evacuating persons and housing and feeding the evacuated persons; (6) provisions for the identification and training of health care providers to diagnose and treat persons with infectious diseases; (7) guidelines for the vaccination of persons; (8) guidelines for the treatment of persons who have been exposed to or who are infected with diseases, including anthrax, botulism, smallpox, plague, tularemia, and viral hemorrhagic fevers, or health conditions caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or biological toxins, that pose a substantial risk of a significant number of fatalities or incidents of permanent or long-term disability; (9) guidelines for the safe disposal of corpses and infectious waste; (10) guidelines for the safe and effective management of persons isolated, quarantined, vaccinated, or treated during a state of public health emergency; (11) provisions tracking the source and outcomes of infected persons; (12) requirements that each municipality and county within the state identify the following: (A) sites where persons can be isolated or quarantined using the least restrictive means for isolation and quarantine, and the requirements for the safety, health, and maintenance of personal dignity of those isolated or quarantined; (B) sites where medical supplies, food, and other essentials can be distributed to the public; (C) sites where emergency workers can be housed and fed; and (D) routes and means of transportation of people and materials; and (13) plans for coordinating emergency response with other states and the federal government. (b) The division shall distribute the public health emergency plan and guidelines to those who will be responsible for implementing the plan. (c) In developing the public health emergency plan, the division shall take into consideration any cultural norms, values, and traditions that may be relevant. SECTION 4. Chapter 418, Government Code, is amended by adding Subchapter I to read as follows:
SUBCHAPTER I. PUBLIC HEALTH EMERGENCY
Sec. 418.201. DUTIES OF PUBLIC HEALTH AUTHORITY. During a state of disaster that constitutes a public health emergency, the public health authority designated by the governor under Section 418.014(h) shall coordinate all matters relating to the state's response during the emergency. The public health authority has primary jurisdiction, responsibility, and authority for: (1) planning and executing public health emergency assessment, mitigation, preparedness response, and recovery for the state; (2) coordinating public health emergency response between state and local authorities; (3) collaborating with relevant federal government authorities, elected officials of other states, private organizations, or private sector companies; (4) coordinating recovery operations and mitigation initiatives subsequent to public health emergencies; and (5) organizing public information activities regarding state public health emergency response operations. Sec. 418.202. IDENTIFICATION OF HEALTH PERSONNEL. (a) After the declaration of a state of disaster that constitutes a public health emergency, the public health authority shall issue special identification for all public health personnel working during the emergency. (b) The identification shall indicate the authority of the bearer to exercise public health functions and emergency powers during the state of disaster that constitutes a public health emergency. (c) Public health personnel shall wear the identification in plain view. Sec. 418.203. SHARING INFORMATION BETWEEN HEALTH AUTHORITY AND PUBLIC SAFETY AUTHORITY. Public health authority personnel and public safety personnel may only share information relating to a reportable disease, health condition, or other suspicious event to the extent the information is needed for the treatment, control, investigation, and prevention of a public health emergency. Sec. 418.204. UNLICENSED HEALTH CARE PROFESSIONALS. Notwithstanding any other law, a health care professional who does not hold a license, certificate, or other permit issued by this state at the time a public health emergency is declared may, subject to the terms of the public health emergency declaration, provide medical or health care services to a person in this state if: (1) the person: (A) holds a license, certificate, or permit issued by another state that authorizes the person to provide the medical or health care; or (B) held a license, certificate, or permit issued by this state or another state that authorized the person to render the medical or health care; (2) the license, certificate, or permit has never been, during any period in which it was in force: (A) revoked or suspended; or (B) terminated while disciplinary charges or an investigation was pending; and (3) the holder of the license, certificate, or permit has never been found civilly liable under a settlement agreement or final judgment of any court for negligence arising from medical or health care services. Sec. 418.205. DISCIPLINARY ACTION. A regulatory agency of this state shall revoke or suspend the license, certificate, or other permit of an individual or facility that is regulated by the agency if the individual or entity does not assist the public health authority during a state of disaster that constitutes a public health emergency declared under this chapter. Sec. 418.206. DISPOSAL OF CORPSE. (a) The public health authority shall clearly label every corpse with a communicable disease before the corpse is cremated or buried. The label must clearly identify the corpse as infected and include all available information to identify the decedent and the circumstances of death, including the disease. (b) Every person in charge of disposing of a corpse with a communicable disease shall maintain a written record of each corpse and all available information to identify the decedent and the circumstances of death and disposal. If the corpse cannot be identified before disposal, a qualified person must: (1) take fingerprints of the corpse; (2) take one or more photographs of the corpse; and (3) collect a DNA specimen from the corpse. (c) All information gathered under this section shall be promptly forwarded to the public health authority. Sec. 418.207. LIABILITY EXEMPTION. (a) Except as provided by Subsection (d), during a state of disaster that constitutes a public health emergency, a person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the real estate or premises for the purpose of sheltering persons, together with that person's successors in interest, if any, is immune from civil liability for any act or omission resulting in death, damage, or injury relating to the use of the real estate or premises. (b) Except as provided by Subsection (d), during a state of disaster that constitutes a public health emergency, a person or the person's agent performing a contract with, and under the direction of, the state or a political subdivision of the state, is immune from civil liability for any act or omission resulting in death, damage, or injury relating to the performance of the contract. (c) Except as provided by Subsection (d), during a state of disaster that constitutes a public health emergency, a person or the person's agent who provides assistance or advice at the request of the state or a political subdivision of the state under this chapter is immune from civil liability for any act or omission resulting in death, damage, or injury relating to the assistance or advice. (d) This section does not apply to: (1) an act or omission that is intentional, wilfully or wantonly negligent, or done with conscious indifference or reckless disregard for the safety of others; or (2) a person or the person's agent whose act or omission caused in whole or in part the public health emergency and who would otherwise be liable for that act or omission. Sec. 418.208. INFECTIOUS WASTE. Public health authority personnel working during a state of disaster that constitutes a public health emergency who collect infectious waste shall clearly label the waste as infectious waste and shall state on the label the type of infectious waste, if known. SECTION 5. Section 81.023(d), Health and Safety Code, is transferred to Subchapter A, Chapter 81, Health and Safety Code, redesignated as Section 81.011, Health and Safety Code, and amended to read as follows: Sec. 81.011. REQUEST FOR INFORMATION. [(d)] In times of emergency or epidemic declared by the commissioner, the department [board] is authorized to request information pertaining to names, dates of birth, and most recent addresses of individuals from the driver's license records of the Department of Public Safety for the purpose of notification to individuals of the need to receive certain immunizations or diagnostic, evaluation, or treatment services for suspected communicable diseases. SECTION 6. Section 81.041, Health and Safety Code, is amended by amending Subsection (e) and adding Subsection (f) to read as follows: (e) Reportable diseases under this chapter for which the board shall require reports include: (1) acquired [Acquired] immune deficiency syndrome and human immunodeficiency virus infection; and (2) diseases caused by the biological agents listed in 42 C.F.R. Section 72, App. A [are reportable diseases under this chapter for which the board shall require reports]. (f) In a public health emergency, the commissioner may require reports of communicable diseases or other health conditions from providers without board rule or action. SECTION 7. Section 81.042(e), Health and Safety Code, is amended to read as follows: (e) The following persons shall report to the local health authority or the department a suspected case of a reportable disease and all information known concerning the person who has or is suspected of having the disease if a report is not made as required by Subsections (a)-(d): (1) a professional registered nurse; (2) an administrator or director of a public or private temporary or permanent child-care facility; (3) an administrator or director of a nursing home, personal care home, maternity home, adult respite care center, or adult day-care center; (4) an administrator of a home health agency; (5) an administrator or health official of a public or private institution of higher education; (6) an owner or manager of a restaurant, dairy, or other food handling or processing establishment or outlet; (7) a superintendent, manager, or health official of a public or private camp, home, or institution; (8) a parent, guardian, or householder; (9) a health professional; [or] (10) an administrator or health official of a penal or correctional institution; or (11) emergency medical service personnel, a peace officer, or a firefighter. SECTION 8. Section 81.044(b), Health and Safety Code, is amended to read as follows: (b) The board may require the reports to contain any information relating to a case that is necessary for the purposes of this chapter, including: (1) the patient's name, home and work address, including city and county, age, date of birth, sex, race, and occupation; (2) the date of onset of the disease or condition; (3) the probable source of infection; [and] (4) the name and address of the attending physician or dentist; and (5) for diseases transmitted by insect or animal bites, the location of the insect or animal and the name and address of the owner of the animal. SECTION 9. Section 81.046, Health and Safety Code, is amended by amending Subsection (b) and adding Subsection (f) to read as follows: (b) Reports, records, and information relating to cases or suspected cases of diseases or health conditions are not public information under Chapter 552, Government Code, and may not be released or made public on subpoena or otherwise except as provided by Subsections (c), [and] (d), and (f). (f) Reports, records, and information relating to cases or suspected cases of diseases or health conditions may be released to the extent necessary during a public health emergency to law enforcement personnel solely for the purpose of protecting the health or life of the person identified in the report, record, or information. SECTION 10. Section 81.048, Health and Safety Code, is amended by adding Subsection (g) to read as follows: (g) If the department or a local health authority learns of a case of a reportable disease, health condition, or other suspicious event that it reasonably believes has the potential to be caused by bioterrorism, the department or local health authority shall immediately notify the Texas Department of Public Safety and federal health and public safety authorities. SECTION 11. Section 81.061, Health and Safety Code, is amended by adding Subsection (d) to read as follows: (d) A health authority may investigate the existence of communicable disease within the boundaries of the health authority's jurisdiction to determine the nature and extent of the disease and to formulate and evaluate the control measures used to protect the public health. A person shall provide records and other information to the health authority on request according to the health authority's written instructions. Confidential or privileged records or other information remain confidential or privileged in the hands of the health authority. SECTION 12. Section 81.062(a), Health and Safety Code, is amended to read as follows: (a) For the purpose of an investigation under Section 81.061(c) or (d), the department or a health authority may administer oaths, summon witnesses, and compel the attendance of a witness or the production of a document. The department or a health authority may request the assistance of a county or district court to compel the attendance of a summoned witness or the production of a requested document at a hearing. SECTION 13. Section 81.083(e), Health and Safety Code, is amended to read as follows: (e) An individual may be subject to court orders under Subchapter G if the individual is infected or is reasonably suspected of being infected with a communicable disease that presents an immediate threat to the public health and either: (1) the individual, or the individual's parent, legal guardian, or managing conservator if the individual is a minor, does not comply with the written orders of the department or a health authority under this section; or [and] (2) a public health emergency exists, regardless of whether the department or health authority has issued a written order [the individual is infected or is reasonably suspected of being infected with a communicable disease that presents an immediate threat to the public health]. SECTION 14. Section 81.084, Health and Safety Code, is amended by amending Subsection (b) and adding Subsections (d-1) and (k) to read as follows: (b) The department or health authority shall send notice of its action by registered or certified mail or by personal delivery to the person who owns or controls the property. If the property is land or a structure or an animal or other property on the land, the department or health authority shall also post the notice on the land and at a place convenient to the public in [on] the county courthouse [door]. If the property is infected or contaminated as a result of a public health emergency, the department or health authority is not required to provide notice under this subsection. (d-1) In a public health emergency, the department or health authority by written order may require a person who owns or controls property to impose control measures that are technically feasible to disinfect or decontaminate the property or, if technically feasible control measures are not available, may order the person who owns or controls the property: (1) to destroy the property, other than land, in a manner that disinfects or decontaminates the property to prevent the spread of infection or contamination; (2) if the property is land, to securely fence the perimeter of the land or any part of the land that is infected or contaminated; or (3) to securely seal off an infected or contaminated structure or other property on land to prevent entry into the infected or contaminated area until the department or health authority authorizes entry into the structure or property. (k) In a public health emergency, the department or a health authority may impose additional control measures the department or health authority considers necessary and most appropriate to arrest, control, and eradicate the threat to the public health. SECTION 15. Section 81.085, Health and Safety Code, is amended by amending Subsections (a), (b), (c), (e), (f), and (h) and adding Subsection (i) to read as follows: (a) If an outbreak of communicable disease occurs in this state, the commissioner or one or more health authorities may impose an area quarantine coextensive with the area affected. The commissioner may impose an area quarantine, if the commissioner has reasonable cause to believe that individuals or property in the area may be infected or contaminated with a communicable disease, for the period necessary to determine whether an outbreak of communicable disease has occurred. A health authority may impose the quarantine only within the boundaries of the health authority's jurisdiction. (b) A health authority may not impose an area quarantine until the authority consults with [and obtains the approval of] the department [commissioner and of the governing body of each county and municipality in the health authority's jurisdiction that has territory in the affected area]. (c) The department may impose additional disease control measures in a quarantine area that the department considers necessary and most appropriate to arrest, control, and eradicate the threat to the public health. Absent preemptive action by the department [board] under this chapter or by the governor under Chapter 418, Government Code (Texas Disaster Act of 1975), a health authority may impose in a quarantine area under the authority's jurisdiction additional disease control measures that the health authority considers necessary and most appropriate to arrest, control, and eradicate the threat to the public health. (e) The department or health authority may use all reasonable means of communication to inform persons in the quarantine area of the department's [board's] or health authority's orders and instructions during the period of area quarantine. The department or health authority shall publish at least once each week during the area quarantine period, in a newspaper of general circulation in the area, a notice of the orders or instructions in force with a brief explanation of their meaning and effect. Notice by publication is sufficient to inform persons in the area of their rights, duties, and obligations under the orders or instructions. (f) The department [commissioner] or, with the department's [commissioner's] consent, a health authority may terminate an area quarantine. (h) A person commits an offense if the person knowingly fails or refuses to obey a rule, order, or instruction of the department [board] or an order or instruction of a health authority issued under a department [board] rule and published during an area quarantine under this section. An offense under this subsection is a felony of the third degree. (i) An area quarantine must be accomplished by the least restrictive means necessary to protect the public health considering the availability of resources. SECTION 16. Sections 81.086(b) and (i), Health and Safety Code, are amended to read as follows: (b) If the department or health authority has reasonable cause to believe that a carrier or conveyance has departed from or traveled through an area infected or contaminated with a communicable disease, the department or health authority may order the owner, operator, or authorized agent in control of the carrier or conveyance to: (1) stop the carrier or conveyance at a port of entry or place of first landing or first arrival in this state; and (2) provide [a statement in a form approved by the board that includes information required by board rules, including] information on passengers and cargo manifests[, and] that includes the details of: (A) any illness suspected of being communicable that occurred during the journey; (B) any condition on board the carrier or conveyance during the journey that may lead to the spread of disease; and (C) any control measures imposed on the carrier or conveyance, its passengers or crew, or its cargo or any other object on board during the journey. (i) The department or health authority may require an individual transported by carrier or conveyance who the department or health authority has reasonable cause to believe has been exposed to or is the carrier of a communicable disease to be isolated from other travelers and to disembark with the individual's personal effects and baggage at the first location equipped with adequate investigative and disease control facilities, whether the person is in transit through this state or to an intermediate or ultimate destination in this state. The department or health authority may investigate and, if necessary, isolate or involuntarily hospitalize the individual until the department or health authority approves the discharge as authorized by Section 81.083 [81.084]. SECTION 17. Section 81.088(a), Health and Safety Code, is amended to read as follows: (a) A person commits an offense if the person knowingly or intentionally: (1) removes, alters, or attempts to remove or alter an object the person knows is a quarantine device, notice, or security item in a manner that diminishes the [device's] effectiveness of the device, notice, or item; or (2) destroys an object the person knows is a quarantine device, notice, or security item. SECTION 18. Section 81.151(d), Health and Safety Code, is amended to read as follows: (d) A copy of written orders made under Section 81.083, if applicable, and a medical evaluation must be filed with the application, except that a copy of the written orders need not be filed with an application for outpatient treatment. SECTION 19. Section 81.152(c), Health and Safety Code, is amended to read as follows: (c) Any application must contain the following information according to the applicant's information and belief: (1) the person's name and address; (2) the person's county of residence in this state; (3) a statement that the person is infected with or is reasonably suspected of being infected with a communicable disease that presents a threat to public health and that the person meets the criteria of this chapter for court orders for the management of a person with a communicable disease; and (4) a statement, to be included only in an application for inpatient treatment, that the person fails or refuses to comply with written orders of the department or health authority under Section 81.083, if applicable. SECTION 20. Section 81.162(a), Health and Safety Code, is amended to read as follows: (a) The judge or designated magistrate may issue a protective custody order if the judge or magistrate determines: (1) that the health authority or department has stated its opinion and the detailed basis for its opinion that the person is infected with or is reasonably suspected of being infected with a communicable disease that presents an immediate threat to the public health; and (2) that the person fails or refuses to comply with the written orders of the health authority or the department under Section 81.083, if applicable. SECTION 21. Section 161.011, Health and Safety Code, is amended to read as follows: Sec. 161.011. PERMISSION REQUIRED. A person, including an officer or agent of this state or of an instrumentality or political subdivision of this state, may not enter a private residence to conduct a health inspection without first receiving: (1) permission obtained from a lawful adult occupant of the residence; or (2) an authorization to inspect the residence for a specific public health purpose by a magistrate or by an order of a court of competent jurisdiction on a showing of a probable violation of a state health law, a control measure under Chapter 81, or a health ordinance of a political subdivision. SECTION 22. Article 49.10(d), Code of Criminal Procedure, is amended to read as follows: (d) A justice of the peace may not order a person to perform an autopsy on the body of a deceased person whose death was caused by Asiatic cholera, bubonic plague, typhus fever, or smallpox. A justice of the peace may not order a person to perform an autopsy on the body of a deceased person whose death was caused by a communicable disease designated by order of the commissioner of public health during a public health emergency or disaster under Chapter 418, Government Code. SECTION 23. Sections 10 and 10a, Article 49.25, Code of Criminal Procedure, are amended to read as follows: Sec. 10. When a body upon which an inquest ought to have been held has been interred, the medical examiner may cause it to be disinterred for the purpose of holding such inquest. Before any body, upon which an inquest is authorized by the provisions of this Article, can be lawfully cremated, an autopsy shall be performed thereon as provided in this Article, or a certificate that no autopsy was necessary shall be furnished by the medical examiner. Before any dead body can be lawfully cremated, the owner or operator of the crematory shall demand and be furnished with a certificate, signed by the medical examiner of the county in which the death occurred showing that an autopsy was performed on said body or that no autopsy thereon was necessary. It shall be the duty of the medical examiner to determine whether or not, from all the circumstances surrounding the death, an autopsy is necessary prior to issuing a certificate under the provisions of this section. No autopsy shall be required by the medical examiner as a prerequisite to cremation in case death is caused by the pestilential diseases of Asiatic cholera, bubonic plague, typhus fever, or smallpox. All certificates furnished to the owner or operator of a crematory by any medical examiner, under the terms of this Article, shall be preserved by such owner or operator of such crematory for a period of two years from the date of the cremation of said body. A medical examiner is not required to perform an autopsy on the body of a deceased person whose death was caused by a communicable disease designated by order of the commissioner of public health during a public health emergency or disaster under Chapter 418, Government Code. Sec. 10a. The body of a deceased person shall not be cremated within 48 [forty-eight] hours after the time of death as indicated on the regular death certificate, unless the death certificate indicates death was caused by the pestilential diseases of Asiatic cholera, bubonic plague, typhus fever, or smallpox, or unless the time requirement is waived in writing by the county medical examiner or, in counties not having a county medical examiner, a justice of the peace. In a disaster or public health emergency under Chapter 418, Government Code, the commissioner of public health by order may designate other communicable diseases for which cremation within 48 hours of the time of death is authorized. SECTION 24. Subchapter B, Chapter 562, Occupations Code, is amended by adding Section 562.055 to read as follows: Sec. 562.055. REPORT TO TEXAS DEPARTMENT OF HEALTH. A pharmacist shall report any unusual or increased prescription rates, unusual types of prescriptions, or unusual trends in pharmacy visits that may be caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or biological toxins, that might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. Prescription-related events that require a report include: (1) an unusual increase in the number of prescriptions to treat fever, respiratory, or gastrointestinal complaints; (2) an unusual increase in the number of prescriptions for antibiotics; (3) an unusual increase in the number of requests for information on over-the-counter pharmaceuticals to treat fever, respiratory, or gastrointestinal complaints; and (4) any prescription that treats a disease that is relatively uncommon and has bioterrorism potential. SECTION 25. Sections 161.101(a), (b), and (c), Agriculture Code, are amended to read as follows: (a) A veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal shall report the existence of the following diseases among livestock, exotic livestock, bison, domestic fowl, or exotic fowl to the commission within 24 hours after diagnosis of the disease: (1) anthrax; (2) avian infectious laryngotracheitis; (3) avian influenza; (4) avian tuberculosis; (5) chronic wasting disease; (6) duck virus enteritis; (7) duck virus hepatitis; (8) equine encephalomyelitis; (9) equine infectious anemia; (10) infectious encephalomyelitis in poultry or other fowl; (11) ornithosis; (12) paramyxovirus infection in poultry or other fowl; or (13) scabies in sheep or cattle. (b) In addition to reporting required by Subsection (a), the commission may adopt rules that require a veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal to report the existence of a disease other than bluetongue in an animal to the commission within 24 hours after diagnosis if the disease: (1) is recognized by the United States Department of Agriculture as a foreign animal disease; (2) is the subject of a cooperative eradication program with the United States Department of Agriculture; (3) is named on "List A" of the Office International Des Epizooties; or (4) is the subject of a state of emergency, as declared by the governor. (c) The commission may adopt rules that require a veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal to report a disease not covered by Subsection (a) or (b) if the commission determines that action to be necessary for the protection of animal health in this state. The commission shall immediately deliver a copy of a rule adopted under this subsection to the appropriate legislative oversight committees. A rule adopted by the commission under this subsection expires on the first day after the last day of the first regular legislative session that begins after adoption of the rule unless the rule is continued in effect by act of the legislature. SECTION 26. Not later than November 1, 2004, the division of emergency management in the office of the governor shall review and develop, as necessary, the public health emergency plan as required by Section 418.0425, Government Code, as added by this Act. SECTION 27. This Act takes effect September 1, 2003. SECTION 28. (a) The change in law made by this Act to Section 81.085(h), Health and Safety Code, applies only to an offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before that date. (b) An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.