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A BILL TO BE ENTITLED
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AN ACT
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relating to control measures and court orders for management of |
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persons with communicable diseases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.082, Health and Safety Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) A health authority may designate health care |
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facilities within the health authority's jurisdiction that are |
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capable of providing services for the examination, observation, |
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quarantine, isolation, treatment, or imposition of control |
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measures during a public health disaster or during an area |
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quarantine under Section 81.085. A health authority may not |
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designate a nursing home or other institution licensed under |
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Chapter 242. |
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SECTION 2. Section 81.083, Health and Safety Code, is |
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amended by adding Subsections (k) and (l) to read as follows: |
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(k) If the department or a health authority has reasonable |
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cause to believe that a group of five or more individuals has been |
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exposed to or infected with a communicable disease, the department |
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or health authority may order the members of the group to implement |
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control measures that are reasonable and necessary to prevent the |
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introduction, transmission, and spread of the disease in this |
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state. If the department or health authority adopts control |
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measures under this subsection, each member of the group is subject |
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to the requirements of this section. |
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(l) An order under Subsection (k) must be in writing and be |
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delivered personally or by registered or certified mail to each |
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member of the group, or the member's parent, legal guardian, or |
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managing conservator if the member is a minor. If the name, |
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address, and county of residence of any member of the group is |
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unknown at the time the order is issued, the department or health |
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authority must publish notice in a newspaper of general circulation |
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in the county that includes the area of the suspected exposure and |
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any other county in which the department or health authority |
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suspects a member of the group resides. The notice must contain the |
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following information: |
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(1) that the department or health authority has |
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reasonable cause to believe that a group of individuals is ill with, |
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has been exposed to, or is the carrier of a communicable disease; |
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(2) the suspected time and place of exposure to the |
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disease; |
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(3) a copy of any orders under Subsection (k); |
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(4) instructions to an individual to provide the |
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individual's name, address, and county of residence to the |
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department or health authority if the individual knows or |
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reasonably suspects that the individual was at the place of the |
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suspected exposure at the time of the suspected exposure; |
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(5) that the department or health authority may |
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request that an application for court orders under Subchapter G be |
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filed for the group, if applicable; and |
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(6) that a criminal penalty applies to an individual |
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who: |
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(A) is a member of the group; and |
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(B) knowingly refuses to perform or allow the |
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performance of the control measures in the order. |
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SECTION 3. Section 81.151, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) A single application may be filed for a group if: |
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(1) the department or health authority reasonably |
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suspects that a group of five or more persons has been exposed to or |
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infected with a communicable disease; and |
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(2) each person in the group meets the criteria of this |
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chapter for court orders for the management of a person with a |
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communicable disease. |
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SECTION 4. Subchapter G, Chapter 81, Health and Safety |
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Code, is amended by adding Section 81.1511 to read as follows: |
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Sec. 81.1511. APPLICABILITY OF SUBCHAPTER TO GROUP. To the |
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extent possible, and except as otherwise provided, if a group |
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application is filed under Section 81.151(e), the provisions of |
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this subchapter apply to the group in the same manner as they apply |
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to an individual, except that: |
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(1) except as provided by Subdivision (2), any |
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statement or determination regarding the conduct or status of a |
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person must be made in regard to the majority of the members of the |
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group; |
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(2) any finding or statement related to compliance |
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with orders under Section 81.083 must be made for the entire group; |
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(3) any notice required to be provided to a person |
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must: |
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(A) in addition to being sent to each individual |
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in the group for whom the department or health authority has an |
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address, be published in a newspaper of general circulation in the |
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county that includes the area of the suspected contamination and |
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any other county in which the department or health authority |
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suspects a member of the group resides; |
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(B) state that the group is appointed an attorney |
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but that a member of the group is entitled to the member's own |
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attorney on request; and |
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(C) include instructions for any person who |
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reasonably suspects that the person was at the place of the |
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suspected exposure at the time of the suspected exposure to provide |
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the person's name, address, and county of residence to the |
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department or health authority; and |
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(4) an affidavit of medical evaluation for the group |
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may be based on evaluation of one or more members of the group if the |
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physician reasonably believes that the condition of the individual |
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or individuals represents the condition of the majority of the |
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members of the group. |
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SECTION 5. Section 81.152, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) A group application must contain the following |
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information according to the applicant's information and belief: |
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(1) a description of the group and the location where |
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the members of the group may be found; |
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(2) a narrative of how the group has been exposed or |
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infected; |
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(3) an estimate of how many persons are included in the |
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group; |
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(4) to the extent known, a list containing the name, |
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address, and county of residence in this state of each member of the |
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group; |
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(5) if the applicant is unable to obtain the name and |
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address of each member of the group: |
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(A) a statement that the applicant has sought |
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each of the unknown names and addresses; and |
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(B) the reason that the names and addresses are |
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unavailable; and |
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(6) a statement, to be included only in an application |
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for inpatient treatment, that the members of the group fail or |
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refuse to comply with written orders of the department or health |
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authority under Section 81.083, if applicable. |
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SECTION 6. Subchapter G, Chapter 81, Health and Safety |
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Code, is amended by adding Section 81.1531 to read as follows: |
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Sec. 81.1531. APPOINTMENT OF ATTORNEY FOR GROUP. (a) A |
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judge shall appoint an attorney to represent a group identified in a |
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group application under Section 81.151(e) and shall appoint an |
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attorney for each person who is listed in the application if |
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requested by a person in the group who does not have an attorney. |
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(b) To the extent possible, the provisions of this chapter |
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that apply to an individual's attorney apply to a group's attorney. |
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SECTION 7. Subsection (a), Section 81.159, Health and |
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Safety Code, is amended to read as follows: |
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(a) The commissioner shall designate health care facilities |
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throughout the state that are capable of providing services for the |
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examination, observation, isolation, or treatment of persons |
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having or suspected of having a communicable disease. However, the |
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commissioner may not designate: |
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(1) a nursing home or custodial care home required to |
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be licensed under Chapter 242; or |
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(2) an intermediate care facility for the mentally |
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retarded required to be licensed under Chapter 252. |
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SECTION 8. Section 81.162, Health and Safety Code, is |
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amended by adding Subsections (f) and (g) to read as follows: |
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(f) Notwithstanding Section 81.161 or Subsection (c), a |
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judge or magistrate may issue a temporary protective custody order |
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before the filing of an application for a court order for the |
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management of a person with a communicable disease under Section |
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81.151 if: |
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(1) the judge or magistrate takes testimony that an |
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application under Section 81.151, together with a motion for |
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protective custody under Section 81.161, will be filed with the |
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court on the next business day; and |
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(2) the judge or magistrate determines based on |
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evidence taken under Subsection (d) that there is probable cause to |
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believe that the person presents a substantial risk of serious harm |
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to himself or others to the extent that the person cannot be at |
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liberty pending the filing of the application and motion. |
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(g) A temporary protective custody order issued under |
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Subsection (f) may continue only until 4 p.m. on the first business |
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day after the date the order is issued unless the application for a |
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court order for the management of a person with a communicable |
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disease and a motion for protective custody, as described by |
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Subsection (f)(1), are filed at or before that time. If the |
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application and motion are filed at or before 4 p.m. on the first |
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business day after the date the order is issued, the temporary |
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protective custody order may continue for the period reasonably |
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necessary for the court to rule on the motion for protective |
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custody. |
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SECTION 9. Subsections (b) and (d), Section 81.165, Health |
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and Safety Code, are amended to read as follows: |
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(b) The hearing must be held not later than 72 hours after |
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the time that the person was detained under the protective custody |
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order. If the period ends on a Saturday, Sunday, or legal holiday, |
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the hearing must be held on the next day that is not a Saturday, |
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Sunday, or legal holiday. The judge or magistrate may postpone the |
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hearing for an additional 24 hours if the judge or magistrate |
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declares that an extreme emergency exists because of extremely |
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hazardous weather conditions that threaten the safety of the person |
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or another essential party to the hearing. If the area in which the |
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person is found, or the area where the hearing will be held, is |
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under a public health disaster, the judge or magistrate may |
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postpone the hearing until the period of disaster is ended. |
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(d) The person and his attorney shall have an opportunity at |
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the hearing to appear and present evidence to challenge the |
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allegation that the person presents a substantial risk of serious |
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harm to himself or others. If the health authority advises the |
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court that the person must remain in isolation or quarantine and |
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that exposure to the judge, jurors, or the public would jeopardize |
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the health and safety of those persons and the public health, a |
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magistrate or a master may order that a person entitled to a hearing |
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for a protective custody order may not appear in person and may |
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appear only by teleconference or another means the magistrate or |
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master finds appropriate to allow the person to speak, to interact |
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with witnesses, and to confer with the person's attorney. |
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SECTION 10. Subsections (b) and (c), Section 81.167, Health |
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and Safety Code, are amended to read as follows: |
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(b) A person under a protective custody order shall be |
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detained in an appropriate inpatient health facility that has been |
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designated by the commissioner or by a health authority and |
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selected by the health authority under Section 81.159. |
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(c) A person under a protective custody order may be |
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detained in a nonmedical facility used to detain persons who are |
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charged with or convicted of a crime only with the consent of the |
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medical director of the facility and only if the facility has |
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respiratory isolation capability for airborne communicable |
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diseases. The person may not be detained in a nonmedical facility |
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under this subsection for longer than 72 hours, excluding |
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Saturdays, Sundays, legal holidays, [and] the period prescribed by |
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Section 81.165(b) for an extreme weather emergency, and the |
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duration of a public health disaster. The person must be isolated |
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from any person who is charged with or convicted of a crime. |
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SECTION 11. Subsection (c), Section 81.168, Health and |
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Safety Code, is amended to read as follows: |
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(c) The head of a facility shall discharge a person held |
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under a protective custody order if: |
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(1) the head of the facility does not receive notice |
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within 72 hours after detention begins, excluding Saturdays, |
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Sundays, legal holidays, [and] the period prescribed by Section |
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81.165(b) for an extreme weather emergency, and the duration of a |
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public health disaster, that a probable cause hearing was held and |
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the person's continued detention was authorized; |
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(2) a final court order for the management of a person |
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with a communicable disease has not been entered within the time |
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prescribed by Section 81.154; or |
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(3) the health authority or commissioner determines |
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that the person no longer meets the criteria for protective custody |
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prescribed by Section 81.162. |
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SECTION 12. Section 81.169, Health and Safety Code, is |
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amended by adding Subsection (i) to read as follows: |
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(i) Notwithstanding Subsection (d), if the health authority |
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advises the court that the person must remain in isolation or |
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quarantine and that exposure to the judge, jurors, or the public |
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would jeopardize the health and safety of those persons and the |
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public health, a judge may order that a person entitled to a hearing |
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may not appear in person and may appear only by teleconference or |
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another means that the judge finds appropriate to allow the person |
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to speak, to interact with witnesses, and to confer with the |
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person's attorney. |
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SECTION 13. Section 81.176, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 81.176. DESIGNATION OF FACILITY. In a court order for |
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the temporary or extended management of a person with a |
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communicable disease specifying inpatient care, the court shall |
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commit the person to a health care facility designated by the |
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commissioner or a health authority in accordance with Section |
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81.159. |
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SECTION 14. Section 81.177, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 81.177. COMMITMENT TO PRIVATE FACILITY. (a) The |
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court may order a person committed to a private health care facility |
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at no expense to the state if the court receives: |
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(1) an application signed by the person or the person's |
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guardian or next friend requesting that the person be placed in a |
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designated private health care facility at the person's or |
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applicant's expense; and |
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(2) a written agreement from the head of the private |
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health care facility to admit the person and to accept |
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responsibility for the person in accordance with this chapter. |
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(b) Notwithstanding Subsection (a) and Section 81.175(e), |
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the court may order a person committed to a private health care |
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facility at no expense to the state, a county, a municipality, or a |
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hospital district if: |
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(1) a state of disaster or a public health disaster has |
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been declared or an area quarantine is imposed under Section |
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81.085; |
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(2) the health care facility is located within the |
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disaster area or area quarantine, as applicable; and |
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(3) the judge determines that there is no public |
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health care facility within the disaster area or area quarantine, |
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as applicable, that has appropriate facilities and the capacity |
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available to receive and treat the person. |
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(c) The head of the private facility designated under |
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Subsection (b) shall accept responsibility with respect to the |
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person who is committed to that facility. |
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SECTION 15. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2007. |