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BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 665

                                                                                                                                     By: Barrientos

                                                                                                                                   Criminal Justice

                                                                                                                                            5/31/2005

                                                                                                                                              Enrolled

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Current Texas law states that law enforcement officers, fire fighters, emergency medical service employees, and correctional officers are the only classes of persons who are able to request the testing of another person for a reportable disease.  Certain persons, such as volunteers, nurses, and counselors, who perform services in correctional facilities are at times exposed to reportable disease through contact with the people they serve.  They do not have the ability, however, to request the testing of those individuals to see if a reportable disease may have been passed.

 

S.B. 665 authorizes certain persons who perform services in correctional or detention facilities to request the testing of another person who may have exposed them to a reportable disease.

 

RULEMAKING AUTHORITY

 

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

 

SECTION BY SECTION ANALYSIS

 

[While the statutory reference in this bill is to the Texas Department of Health (TDH), the following amendments affect the Department of State Health Services, as the successor agency to TDH.]

 

SECTION 1.  Amends Section 81.050(b), Health and Safety Code, to authorize an employee, contractor, or volunteer, other than a correctional officer, who performs a service in a correctional facility, secure correctional facility, or secure detention facility to request the Texas Department of Health or a health authority to order testing of another person who may have exposed the person to a reportable disease, including HIV infection.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2005.