By: Kolkhorst  S.B. No. 966
         (In the Senate - Filed March 3, 2021; March 11, 2021, read
  first time and referred to Committee on Health & Human Services;
  April 7, 2021, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 7, 2021,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 966 By:  Seliger
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to legislative oversight during a public health disaster
  or public health emergency, including the establishment of a
  legislative public health oversight board.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subtitle D, Title 2, Health and
  Safety Code, is amended to read as follows:
  SUBTITLE D.  PREVENTION, CONTROL, AND REPORTS OF DISEASES; PUBLIC
  HEALTH DISASTERS AND EMERGENCIES
         SECTION 2.  The heading to Chapter 81, Health and Safety
  Code, is amended to read as follows:
  CHAPTER 81.  COMMUNICABLE DISEASES; PUBLIC HEALTH DISASTERS; PUBLIC
  HEALTH EMERGENCIES
         SECTION 3.  Section 81.003, Health and Safety Code, is
  amended by amending Subdivision (7) and adding Subdivision (7-a) to
  read as follows:
               (7)  "Public health disaster" means:
                     (A)  a declaration by the governor of a state of
  disaster; and
                     (B)  a determination by the commissioner that
  there exists an immediate threat from a communicable disease,
  health condition, or chemical, biological, radiological, or
  electromagnetic exposure that:
                           (i)  poses a high risk of death or serious
  harm [long-term disability] to the public [a large number of
  people]; and
                           (ii)  creates a substantial risk of harmful
  public exposure [because of the disease's high level of contagion
  or the method by which the disease is transmitted].
               (7-a)  "Public health emergency" means a determination
  by the commissioner, evidenced in an emergency order issued by the
  commissioner, that there exists an immediate threat from a
  communicable disease, health condition, or chemical, biological,
  radiological, or electromagnetic exposure that:
                     (A)  potentially poses a risk of death or severe
  illness or harm to the public; and
                     (B)  potentially creates a substantial risk of
  harmful exposure to the public.
         SECTION 4.  The heading to Subchapter E, Chapter 81, Health
  and Safety Code, is amended to read as follows:
  SUBCHAPTER E.  CONTROL; PUBLIC HEALTH DISASTERS; PUBLIC HEALTH
  EMERGENCIES
         SECTION 5.  Section 81.082, Health and Safety Code, is
  amended by amending Subsection (d) and adding Subsections (d-1) and
  (d-2) to read as follows:
         (d)  A declaration of a public health disaster or an order of
  public health emergency may continue for not more than 30 days after
  the date the disaster or emergency is declared or ordered by the
  commissioner. A public health disaster or public health emergency 
  may be renewed [one time] by the legislature or the legislative
  public health oversight board established under Section 81.0821 
  [commissioner] for an additional 30 days.  Each renewal period may
  not exceed 30 days.
         (d-1)  Notwithstanding Subsection (d), if the legislature or
  the legislative public health oversight board is unable to meet to
  consider renewing a declaration of a public health disaster or an
  order of a public health emergency, the declaration or order shall
  continue until the legislature or the board meets unless the
  declaration or order is terminated by the commissioner or the
  governor.
         (d-2)  Not later than the seventh day after the date the
  commissioner issues an initial declaration of a public health
  disaster or an order of a public health emergency, the commissioner
  shall consult with the chairs of the standing committees of the
  senate and house of representatives with primary jurisdiction over
  public health regarding the disaster or emergency.
         SECTION 6.  Subchapter E, Chapter 81, Health and Safety
  Code, is amended by adding Section 81.0821 to read as follows:
         Sec. 81.0821.  LEGISLATIVE PUBLIC HEALTH OVERSIGHT BOARD.
  (a)  In this section, "board" means the legislative public health
  oversight board established under this section.
         (b)  The legislative public health oversight board is
  established to provide oversight for declarations of public health
  disasters and orders of public health emergencies issued by the
  commissioner under this chapter and perform other duties required
  by law.
         (c)  The board consists of the following members:
               (1)  the lieutenant governor;
               (2)  the speaker of the house of representatives;
               (3)  the chair of the senate committee with primary
  jurisdiction over public health;
               (4)  the chair of the house committee with primary
  jurisdiction over public health;
               (5)  a member of the senate appointed by the lieutenant
  governor; and
               (6)  a member of the house appointed by the speaker.
         (d)  The lieutenant governor and the speaker of the house of
  representatives are joint chairs of the board.
         (e)  A majority of the members of the board from each house of
  the legislature constitutes a quorum to transact business. If a
  quorum is present, the board by majority vote may act on any matter
  within the board's jurisdiction.
         (f)  The board shall meet as often as necessary to perform
  the board's duties. Meetings may be held at any time at the request
  of either chair or on written petition of a majority of the board
  members from each house of the legislature.
         (g)  The board shall meet in Austin, except that if a
  majority of the board members from each house of the legislature
  agree, the committee may meet in any location determined by the
  board.
         (h)  As an exception to Chapter 551, Government Code, and
  other law, for a meeting in Austin at which both joint chairs of the
  board are physically present, any number of the other board members
  may attend the meeting by use of telephone conference call, video
  conference call, or other similar telecommunication device.  This
  subsection applies for purposes of establishing a quorum or voting
  or any other purpose allowing the members to fully participate in
  any board meeting.  This subsection applies without regard to the
  subject or topics considered by the members at the meeting.
         (i)  A board meeting held by use of telephone conference
  call, video conference call, or other similar telecommunication
  device:
               (1)  is subject to the notice requirements applicable
  to other meetings;
               (2)  must specify in the notice of the meeting the
  location in Austin at which the joint chairs will be physically
  present;
               (3)  must be open to the public and audible to the
  public at the location specified in the notice under Subdivision
  (2); and
               (4)  must provide two-way audio communication between
  all board members attending the meeting during the entire meeting,
  and if the two-way audio communication link with any member
  attending the meeting is disrupted at any time, the meeting may not
  continue until the two-way audio communication link is
  reestablished.
         SECTION 7.  As soon as practicable after the effective date
  of this Act, the lieutenant governor and the speaker of the house of
  representatives shall appoint the legislative members to the
  legislative public health oversight board as required by Section
  81.0821, Health and Safety Code, as added by this Act.
         SECTION 8.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
 
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