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A BILL TO BE ENTITLED
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AN ACT
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relating to limitations on public health directives issued during a |
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state of disaster or outbreak of a communicable disease. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 418, Government Code, is |
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amended by adding Section 418.0165 to read as follows: |
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Sec. 418.0165. PUBLIC HEALTH DIRECTIVES. During a state of |
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disaster declared by the governor, the governor may issue a public |
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health directive as the governor determines necessary to address |
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the disaster only if the directive is not more stringent than any |
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public health directive for undocumented immigrants issued by |
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United States Immigration and Customs Enforcement. |
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SECTION 2. Subchapter A, Chapter 81, Health and Safety |
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Code, is amended by adding Section 81.018 to read as follows: |
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Sec. 81.018. PUBLIC HEALTH DIRECTIVES. The department or a |
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health authority may issue a public health directive under this |
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chapter as the department or health authority determines necessary |
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to address an outbreak of a communicable disease or a public health |
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disaster or emergency only if the directive is not more stringent |
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than any public health directive for undocumented immigrants issued |
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by United States Immigration and Customs Enforcement. |
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SECTION 3. The changes in law made by this Act apply only to |
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a public health directive issued under Section 418.0165, Government |
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Code, or Section 81.018, Health and Safety Code, as added by this |
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Act, on or after the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |