H.B. No. 246
 
 
 
 
AN ACT
  relating to reports on cases of acquired immune deficiency syndrome
  and human immunodeficiency virus infection.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 81.043, Health and Safety Code, is
  amended by amending Subsection (b) and adding Subsections (c) and
  (d) to read as follows:
         (b)  Except as provided by Subsection (c), a [A] health
  authority shall report reportable diseases to the department's
  central office at least as frequently as the interval set by board
  rule.
         (c)  A health authority each week shall report to the
  department's central office all cases reported to the authority
  during the previous week of:
               (1)  acquired immune deficiency syndrome; and
               (2)  human immunodeficiency virus infection.
         (d)  A health authority must include in a report filed under
  Subsection (c) all information required by the department for
  purposes of this section or other law, including:
               (1)  an infected person's city and county of residence,
  age, gender, race, ethnicity, and national origin; and
               (2)  the method by which the disease was transmitted.
         SECTION 2.  Section 81.044, Health and Safety Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  For a case of acquired immune deficiency syndrome or
  human immunodeficiency virus infection, the department shall
  require the reports to contain:
               (1)  the information described by Subsection (b); and
               (2)  the patient's ethnicity, national origin, and city
  and county of residence.
         SECTION 3.  Section 81.052, Health and Safety Code, is
  amended by amending Subsection (b) and adding Subsections (b-1),
  (b-2), and (b-3) to read as follows:
         (b)  The department shall:
               (1)  quarterly compile the information submitted under
  Section 81.043(c) and make the compiled data available to the
  public within six months of the last day of each quarter;
               (2)  annually [routinely] analyze and determine trends
  in incidence and prevalence of AIDS and HIV infection by region,
  city, county, age, gender, race, ethnicity, national origin,
  transmission category, and other factors as appropriate; and
               (3)  annually prepare a report on the analysis
  conducted under Subdivision (2) and make the report available to
  the public.
         (b-1)  The department may not include any information that
  would allow the identification of an individual in an analysis
  conducted under Subsection (b) or in a report prepared under that
  subsection.
         (b-2)  Not later than January 1, 2009, the department shall
  prepare and submit to both houses of the legislature a report that:
               (1)  addresses emerging technologies and advancements
  in AIDS and HIV infection surveillance and epidemiology, including
  the use of the technologies and advancements to improve the testing
  for and reporting of AIDS and HIV infection; and
               (2)  makes recommendations regarding this state's use
  of the emerging technologies and advancements to enhance
  surveillance, treatment, and prevention of AIDS and HIV infection.
         (b-3)  Subsection (b-2) and this subsection expire September
  1, 2009.
         SECTION 4.  (a)  Not later than January 1, 2008, the
  executive commissioner of the Health and Human Services Commission
  shall adopt the rules and procedures necessary to comply with
  Chapter 81, Health and Safety Code, as amended by this Act.
         (b)  Notwithstanding Sections 81.043, 81.044, and 81.052,
  Health and Safety Code, as amended by this Act, a health authority
  and the Department of State Health Services are not required to
  comply with the changes in law made to these sections before January
  1, 2008.
         SECTION 5.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 246 was passed by the House on March
  28, 2007, by the following vote:  Yeas 145, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 246 on May 16, 2007, by the following vote:  Yeas 144, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 246 was passed by the Senate, with
  amendments, on May 8, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor