By: Gutierrez, Alvarado S.B. No. 1788
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the distribution of emergency health resources by the
  state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 161, Health and Safety Code, Subchapter
  A is amended by adding Section 161.0110 to read as follows:
         Sec. 161.0110.  PANDEMIC VACCINE DISTRIBUTION. (a) The
  state shall proportionally distribute to designated providers in
  each county in the state any vaccine or immunizing agent received or
  manufactured for the purpose of responding to a pandemic, state
  epidemic, or public health disaster under Section 81.003, Health
  and Safety Code, based on:
               (1)  the county population size;
               (2)  the percentage of the county population currently
  infected compared to the state population currently infected; and
               (3)  the percentage of the county population who has
  died as a direct or in-direct result of the disease compared to the
  total number of people in the state who have died as a direct or
  in-direct result of the disease.
         (b)  If the state has a limited supply of vaccines or
  immunizing agents for distribution or has received an additional
  supply of vaccines or immunizing agents for distribution and has
  given priority designation to specific professions or groups of
  people to receive the vaccine or immunizing agent, the state shall
  distribute the vaccines or immunizing agents proportionally based
  on:
               (1)  the county population size;
               (2)  the percentage of the county population receiving
  priority designation by the state compared to the total state
  population receiving priority designation by the state;
               (3)  the percentage of the county population currently
  infected compared to the state population currently infected; and
               (4)  the percentage of the county population who has
  died as a direct or in-direct result of the disease compared to the
  total number of people in the state who have died as a direct or
  in-direct result of the disease.
         (c)  Sections (a-b) only apply to counties that are located
  in an area with a declared disaster under Section 418.014, 418.108,
  Government Code, as a result of a pandemic, state epidemic, or
  public health disaster under Section 81.003, Health and Safety
  Code,.
         SECTION 2.  Section 418.017, Government Code, is amended by
  adding subsections (d-f) to read as follows:
         Sec. 418.017  USE OF PUBLIC AND PRIVATE RESOURCES. (a) The
  governor may use all available resources of state government and of
  political subdivisions that are reasonably necessary to cope with a
  disaster.
         (b)  The governor may temporarily reassign resources,
  personnel, or functions of state executive departments and agencies
  or their units for the purpose of performing or facilitating
  emergency services.
         (c)  The governor may commandeer or use any private property
  if the governor finds it necessary to cope with a disaster, subject
  to the compensation requirements of this chapter.
         (d)  Any personal protective equipment, sanitation equipment
  or any other public or private resource designated for responding
  to a pandemic, state epidemic or public health disaster under
  Section 81.003, Health and Safety Code, must be proportionately
  distributed to each county based on:
               (1)  the county population size;
               (2)  the percentage of the county population currently
  infected compared to the state population currently infected; and
               (3)  the percentage of the county population who has
  died as a direct or in-direct result of the disease compared to the
  total number of people in the state who have died as a direct or
  in-direct result of the disease.
         (e)  If the state has a limited supply or an additional
  supply of personal protective equipment, sanitation equipment or
  any other public or private resource designated for responding to a
  pandemic, state epidemic or public health disaster under Section
  81.003, Health and Safety Code, and has given priority designation
  to specific professions or groups of people to receive designated
  resources, the state must proportionately distributed resources to
  each county based on:
               (1)  the county population size;
               (2)  the percentage of the county population receiving
  priority designation by the state compared to the total state
  population receiving priority designation by the state;
               (3)  the percentage of the county population currently
  infected compared to the state population currently infected; and
               (4)  the percentage of the county population who has
  died as a direct or in-direct result of the disease compared to the
  total number of people in the state who have died as a direct or
  in-direct result of the disease.
         (f)  Sections (d-e) only apply to counties that are located
  in an area with a declared disaster under Section 418.014, 418.108,
  as a result of a pandemic, state epidemic, or health crisis.
         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.