2021S0132-T 03/02/21
 
  By: Perry, et al. S.B. No. 1392
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority to limit or prohibit medical procedures
  during a declared state of disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 418, Government Code, is
  amended by adding Section 418.0125 to read as follows:
         Sec. 418.0125.  LIMITATIONS ON MEDICAL PROCEDURES. (a)  In
  this section, "nonelective procedure" means a medical procedure,
  including surgery, physical exam, diagnostic test, the performing
  of lab tests, obtaining specimens to perform laboratory tests, and
  screening, that if not performed within a reasonable time may, as
  determined by a patient's physician in good faith, result in:
               (1)  the patient's loss of life; or
               (2)  deterioration, complications, or progression of
  the patient's current or potential medical condition or disorder,
  including physical condition or mental disorder.
         (b)  The governor during a declared state of disaster may not
  issue an executive order, proclamation, or regulation that limits
  or prohibits a nonelective procedure.
         (c)  The governor during a declared state of disaster may
  issue an executive order, proclamation, or regulation imposing a
  temporary limitation or prohibition on a medical procedure other
  than a nonelective procedure only if the limitation or prohibition
  is reasonably necessary to conserve resources for nonelective
  procedures or resources needed for disaster response. An executive
  order, proclamation, or regulation issued under this subsection may
  not continue for more than 15 days unless renewed by the governor.
         (d)  A person subject to an order, proclamation, or
  regulation under this section who in good faith takes or fails to
  take any action in accordance with that order, proclamation, or
  regulation is immune from civil or criminal liability or
  disciplinary action resulting from that act or failure to act.
         (e)  The immunity provided by Subsection (d) is in addition
  to any other immunity or limitations of liability provided by law.
         (f)  Notwithstanding any other law, this section does not
  create a civil, criminal, or administrative cause of action or
  liability or create a standard of care, obligation, or duty that
  provides the basis for a cause of action for an act or omission
  under this section.
         SECTION 2.  The changes in law made by this Act apply only to
  an order, proclamation, or regulation issued on or after the
  effective date of this Act.
         SECTION 3.  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.