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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.