By: Schwertner, et al.	S.B. No. 538
	(In the Senate - Filed February 10, 2015; February 18, 2015,
	read first time and referred to Committee on Health and Human
	Services; March 23, 2015, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 8, Nays 1;
	March 23, 2015, sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR S.B. No. 538	By:  Schwertner

	A BILL TO BE ENTITLED
	AN ACT
	relating to the control of infectious diseases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 418, Government Code, is amended by
	adding Subchapter B-1 to read as follows:
	SUBCHAPTER B-1. STATE OF INFECTIOUS DISEASE EMERGENCY
	Sec. 418.031.  DECLARATION OF STATE OF INFECTIOUS DISEASE
	EMERGENCY. (a)  The governor by executive order or proclamation
	may declare a state of infectious disease emergency if the
	governor, in consultation with the commissioner of state health
	services and the division, finds that an infectious disease poses a
	serious and imminent risk to the health and safety of the citizens
	of this state.  An infectious disease poses a serious and imminent
	risk under this subsection if the commissioner determines that:
	(1)  the disease has resulted or is likely to result in
	severe or life-threatening illness or death for those infected with
	the disease; or
	(2)  the disease is not contained by current public
	health and medical interventions and is resulting in a high rate of
	morbidity or mortality.
	(b)  An executive order or proclamation issued under this
	section must include the name of the infectious disease and a
	description of the threat to public health and safety.
	(c)  An executive order or proclamation shall be
	disseminated promptly by means intended to bring its contents to
	the attention of the general public.  An order or proclamation
	shall be filed promptly with the division and the secretary of
	state.
	Sec. 418.032.  DURATION OF STATE OF EMERGENCY. (a)  Except
	as provided by this section, a state of emergency under this
	subchapter expires 30 days after the date the executive order or
	proclamation declaring the state of infectious disease emergency is
	issued.
	(b)  The governor may set a shorter period for the infectious
	disease state of emergency if the governor, in consultation with
	the commissioner of state health services and the division,
	determines that a shorter period is adequate and appropriate for
	the control of the infectious disease.
	(c)  The governor may, by executive order or proclamation,
	terminate the state of infectious disease emergency if the
	governor, in consultation with the commissioner of state health
	services and the division, finds that there is no longer a serious
	and imminent risk to the health and safety of the citizens of this
	state.
	(d)  The governor may, by executive order or proclamation,
	declare successive states of emergency, each not exceeding 30 days,
	if the governor, in consultation with the commissioner of state
	health services and the division, finds that the extension of the
	infectious disease state of emergency is necessary to protect the
	health and safety of the citizens of this state.
	Sec. 418.033.  EFFECT OF DECLARATION. (a)  An executive
	order or proclamation declaring a state of infectious disease
	emergency gives the commissioner of state health services authority
	for all state and local public health policy decisions, procedures,
	and disease control measures necessary to contain the infectious
	disease emergency.  The commissioner shall communicate with and
	consider input from local health authorities.
	(b)  The division shall issue specific statewide
	preparedness guidelines and procedures for local health and
	emergency management authorities in the case of a state of
	infectious disease emergency.
	Sec. 418.034.  RULES. The executive commissioner of the
	Health and Human Services Commission or the public safety director
	of the department may adopt rules necessary for carrying out the
	purposes of this subchapter.
	SECTION 2.  Section 81.008, Health and Safety Code, is
	amended to read as follows:
	Sec. 81.008.  COMMUNICABLE DISEASE IN ANIMALS; EXCHANGE OF
	INFORMATION.  (a)  If the department or a local health authority
	has reasonable cause to believe that an animal has been infected
	with, has been exposed to, or is the carrier of a communicable
	disease, the department, local health authority, or Texas Animal
	Health Commission may obtain a sample of the animal's blood or other
	bodily fluid to perform a test for an infectious disease without:
	(1)  the permission of the animal's owner; or
	(2)  a control order under Section 81.084.
	(b)  The Texas Animal Health Commission and the Texas A&M
	[University] Veterinary Medical Diagnostic Laboratory shall each
	adopt by rule a memorandum of understanding with the department to
	exchange information on communicable diseases in animals.
	SECTION 3.  Section 81.046, Health and Safety Code, is
	amended by amending Subsection (b) and adding Subsection (f-1) to
	read as follows:
	(b)  Reports, records, and information relating to cases or
	suspected cases of diseases or health conditions are not public
	information under Chapter 552, Government Code, and may not be
	released or made public on subpoena or otherwise except as provided
	by Subsections (c), (d), [and] (f), and (f-1).
	(f-1)  The department may release to a first responder, as
	defined by Section 421.095, Government Code, or a local health
	authority a person's name and the address of the person's current
	location if:
	(1)  the department reasonably believes that the person
	is infected with, has been exposed to, or is the carrier of a
	communicable disease; and
	(2)  the communicable disease poses a serious health
	risk to first responders that do not wear the appropriate personal
	protective equipment.
	SECTION 4.  Section 81.083, Health and Safety Code, is
	amended by amending Subsections (a), (b), and (e) and adding
	Subsection (d-1) to read as follows:
	(a)  Any person, including a physician, who examines or
	treats an individual who has a communicable disease, or the
	department or a local health authority, shall instruct the
	individual about:
	(1)  measures for preventing reinfection and spread of
	the disease; and
	(2)  the necessity for treatment until the individual
	is cured or free from the infection.
	(b)  If the department or a health authority has reasonable
	cause to believe that an individual is infected [ill] with, has been
	exposed to, or is the carrier of a communicable disease, the
	department or health authority may order the individual, or the
	individual's parent, legal guardian, or managing conservator if the
	individual is a minor, to implement control measures that are
	reasonable and necessary to prevent the introduction,
	transmission, and spread of the disease in this state. The order
	may require the individual to remain in a health care facility or
	other location, including the individual's home.
	(d-1)  A peace officer, including a sheriff or constable, may
	use reasonable force to:
	(1)  secure an individual subject to an order issued
	under Subsection (b); and
	(2)  except as directed by the department or the health
	authority, prevent the individual from leaving the facility or
	other location designated in the order.
	(e)  An individual may be subject to emergency detention
	under Section 81.0891 or court orders under Subchapter G if the
	individual is infected with, has been exposed to, or is the carrier
	of or is reasonably suspected of being infected with, having been
	exposed to, or being the carrier of a communicable disease that
	presents an immediate threat to the public health and:
	(1)  the individual, or the individual's parent, legal
	guardian, or managing conservator if the individual is a minor,
	does not comply with the written orders of the department or a
	health authority under this section; or
	(2)  a public health disaster exists, regardless of
	whether the department or health authority has issued a written
	order and the individual has indicated that the individual will not
	voluntarily comply with control measures.
	SECTION 5.  Section 81.084(j), Health and Safety Code, is
	amended to read as follows:
	(j)  In this section, "property" means:
	(1)  an object;
	(2)  a parcel of land; [or]
	(3)  an animal; or
	(4)  a structure[, animal,] or other property on a
	parcel of land.
	SECTION 6.  Sections 81.086(b), (c), and (i), Health and
	Safety Code, are amended to read as follows:
	(b)  If the department or health authority has reasonable
	cause to believe that a carrier or conveyance has departed from or
	traveled through an area infected or contaminated with a
	communicable disease or that an individual transported by the
	carrier or conveyance is infected with, has been exposed to, or is
	the carrier of a communicable disease, the department or health
	authority may order the owner, operator, or authorized agent in
	control of the carrier or conveyance to:
	(1)  stop the carrier or conveyance at a port of entry
	or place of first landing or first arrival in this state; and
	(2)  provide information on passengers and cargo
	manifests that includes the details of:
	(A)  any illness suspected of being communicable
	that occurred during the journey;
	(B)  any condition on board the carrier or
	conveyance during the journey that may lead to the spread of
	disease; and
	(C)  any control measures imposed on the carrier
	or conveyance, its passengers or crew, or its cargo or any other
	object on board during the journey.
	(c)  The department or health authority may impose necessary
	technically feasible control measures under Section 81.083 or
	81.084 to prevent the introduction and spread of communicable
	disease in this state if the department or health authority, after
	inspection, has reasonable cause to believe that a carrier or
	conveyance:
	(1)  [that] has departed from or traveled through an
	infected or contaminated area and:
	(A) [(1)]  is or may be infected or contaminated
	with a communicable disease; or
	(B) [(2)]  has cargo or an object on board that is
	or may be infected or contaminated with a communicable disease; or
	(2) [(3)]  has an individual on board who is infected
	with, has been exposed to, or is the carrier of[,] a communicable
	disease.
	(i)  The department or health authority may require an
	individual transported by carrier or conveyance who the department
	or health authority has reasonable cause to believe is infected
	with, has been exposed to, or is the carrier of a communicable
	disease to be isolated from other travelers and to disembark with
	the individual's personal effects and baggage at the first location
	equipped with adequate investigative and disease control
	facilities, whether the person is in transit through this state or
	to an intermediate or ultimate destination in this state. The
	department or health authority may investigate and, if necessary,
	isolate or involuntarily hospitalize the individual until the
	department or health authority approves the discharge as authorized
	by Section 81.083.
	SECTION 7.  Subchapter E, Chapter 81, Health and Safety
	Code, is amended by adding Sections 81.0891, 81.0892, 81.0893,
	81.0894, and 81.0895 to read as follows:
	Sec. 81.0891.  EMERGENCY DETENTION OF INDIVIDUAL SUBJECT TO
	CONTROL ORDER. (a)  A peace officer, without a warrant, may take an
	individual into custody if the officer has reason to believe and
	does believe that:
	(1)  the individual is subject to a written control
	order under Section 81.083 issued in response to a communicable
	disease that the commissioner of state health services has
	determined poses a serious and imminent risk to health and safety
	because the disease:
	(A)  has resulted or is likely to result in severe
	or life-threatening illness or death for those infected with the
	disease; or
	(B)  is not contained by current public health and
	medical interventions and is resulting in a high rate of morbidity
	or mortality;
	(2)  the individual, or the individual's parent, legal
	guardian, or managing conservator if the individual is a minor, is
	not complying with or does not intend to comply with the control
	order; and
	(3)  there is a substantial risk of serious harm to
	others unless the individual is immediately detained.
	(b)  A substantial risk of serious harm to others under
	Subsection (a)(3) may be demonstrated by:
	(1)  a violation of a control order issued in response
	to a communicable disease described by Subsection (a)(1) by the
	individual or, if the individual is a minor, the individual's
	parent, legal guardian, or managing conservator;
	(2)  evidence of signs or symptoms of illness
	consistent with the signs or symptoms of a communicable disease
	described by Subsection (a)(1), to the extent that the person
	cannot remain at liberty; or
	(3)  information provided to the peace officer by the
	local health authority that issued the control order or the
	department.
	(c)  The peace officer may form the belief that the
	individual may be subject to emergency detention under this
	section:
	(1)  on information and belief from the local health
	authority that issued the control order or the department; or
	(2)  on the basis of the condition of the individual or
	the circumstances under which the individual is found.
	(d)  A peace officer who takes an individual into custody
	under Subsection (a) shall immediately transport or, if the
	individual's suspected illness may pose a serious health risk to
	the peace officer, arrange for transportation of the individual to:
	(1)  the nearest appropriate health facility, as
	determined by the department; or
	(2)  a location considered suitable by the department
	or local health authority, including the individual's home.
	(e)  In determining whether a health facility or location is
	appropriate for detention of a particular individual under
	Subsection (d), the department or local health authority shall, to
	the extent possible while still protecting the public health,
	attempt to keep family units together.
	(f)  In determining whether a health facility is appropriate
	for the detention of a person under Subsection (d)(1), the
	department shall consider the facility's capacity and resources and
	whether the facility is designated as a facility for containment
	and treatment of communicable diseases.
	(g)  A peace officer who takes an individual into custody
	under Subsection (a) shall immediately inform the individual orally
	in simple, nontechnical terms:
	(1)  of the reason for the detention;
	(2)  of the individual's rights under Section 81.0895;
	and
	(3)  that a staff member of the health facility, or the
	department or local health authority if the individual is detained
	at a location under Subsection (d)(2), will inform the individual
	of the individual's rights under Section 81.0895 not later than 24
	hours after the time the individual is admitted to the facility or
	detained at the other location, as applicable.
	Sec. 81.0892.  PEACE OFFICER'S NOTIFICATION OF DETENTION.
	(a)  A peace officer shall immediately file with a health facility,
	or the local health authority or the department if the individual is
	detained at a location under Section 81.0891(d)(2), a notification
	of detention after transporting an individual to that facility or
	location under Section 81.0891.
	(b)  The notification of detention must contain:
	(1)  a statement that the officer has reason to believe
	and does believe that:
	(A)  the individual is the subject of a
	communicable disease control order under Section 81.083 in response
	to a communicable disease described by Section 81.0891(a)(1);
	(B)  the individual, or the individual's parent,
	legal guardian, or managing conservator if the individual is a
	minor, is not complying with or does not intend to comply with the
	control order;
	(C)  the individual evidences a substantial risk
	of serious harm to others; and
	(D)  the risk of harm is imminent unless the
	person is immediately detained;
	(2)  a statement that the officer's beliefs are based on
	specific recent behavior, overt acts, attempts, statements, or
	threats that were observed by or reliably reported to the officer;
	and
	(3)  a detailed description of the specific behavior,
	overt acts, attempts, statements, or threats and, if applicable,
	the name of the person who reported or observed the behavior, acts,
	attempts, statements, or threats.
	(c)  If the individual is detained at a health facility under
	Section 81.0891(d)(1), the facility in which the individual is
	detained shall include in the detained individual's file the
	notification of detention described by this section.
	(d)  The peace officer shall give the notification of
	detention on the following form:
	Notification--Communicable Disease Emergency Detention
	NO. ____________________
	DATE:_______________TIME:_______________
	THE STATE OF TEXAS
	FOR THE BEST INTEREST AND PROTECTION OF:
	______________________________________
	NOTIFICATION OF COMMUNICABLE DISEASE EMERGENCY DETENTION
	Now comes _____________________________, a peace officer with
	(name of agency) _____________________________, of the State of
	Texas, and states as follows:
	1.  I have reason to believe and do believe that (name of individual
	to be detained) __________________________ is the subject of a
	control order under Section 81.083, Health and Safety Code, issued
	in response to a communicable disease determined by the
	commissioner of state health services to pose a serious and
	imminent risk to health and safety.
	2.  I have reason to believe and do believe that the above-named
	individual (or, if applicable, the minor individual's parent, legal
	guardian, or managing conservator) is not complying with or does
	not intend to comply with the control order based on the following:
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	3.  I have reason to believe and do believe that the above-named
	individual evidences a substantial risk of serious harm to others
	based on the following:
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	4.  I have reason to believe and do believe that the risk of harm is
	imminent unless the above-named individual is immediately
	detained.
	5.  My beliefs are based on the following recent behavior, overt
	acts, attempts, statements, or threats observed by me or reliably
	reported to me:
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	6.  The names and addresses of those persons who reported or
	observed recent behavior, overt acts, attempts, statements, or
	threats of the above-named person are (if applicable):
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	For the above reasons, I present this notification to (name of
	health facility or local health authority or department)
	_________________________ for the detention of (name of individual
	to be detained) __________________________.
	7.  Was the individual restrained in any way? Yes □ No □
	_________________________BADGE NO. _____________________
	PEACE OFFICER'S SIGNATURE
	Address: _________________________ Zip Code: ____________________
	Telephone: ______________________
	(e)  A health facility, local health authority, or the
	department may not require a peace officer to execute any form other
	than the form provided by Subsection (d) as a condition of accepting
	for temporary admission an individual detained under Section
	81.0891.
	Sec. 81.0893.  ACCEPTANCE OF PERSON. A health facility
	shall temporarily accept an individual for whom a peace officer
	files a notification of detention under Section 81.0892(a).
	Sec. 81.0894.  RELEASE FROM DETENTION. (a)  An individual
	detained under Section 81.0891 may be detained in custody for not
	longer than 48 hours after the time the individual is presented to
	the health facility or location unless a written order for further
	custody or detention is obtained under Subchapter G.
	(b)  If the 48-hour period ends on a Saturday, Sunday, legal
	holiday, or before 4 p.m. on the first succeeding business day, the
	individual may be detained until 4 p.m. on the first succeeding
	business day. If the 48-hour period ends at a different time, the
	individual may be detained only until 4 p.m. on the day the 48-hour
	period ends.
	(c)  If extremely hazardous weather conditions exist or a
	disaster occurs, the presiding judge or magistrate may, by written
	order made each day, extend by an additional 24 hours the period
	during which the individual may be detained. The written order must
	declare that an emergency exists because of the weather or the
	occurrence of a disaster.
	Sec. 81.0895.  RIGHTS OF INDIVIDUALS DETAINED. (a)  An
	individual subject to emergency detention under Section 81.0891 has
	the right:
	(1)  to be advised of the location of detention, the
	reasons for the detention, and the fact that the detention could
	result in a longer period of court-ordered management;
	(2)  to a reasonable opportunity to communicate with
	and retain an attorney;
	(3)  to be released from a health facility as provided
	by Section 81.0894;
	(4)  to be advised that communications with a health
	professional, local health authority, or the department may be used
	in proceedings for further detention; and
	(5)  to a reasonable opportunity to communicate with a
	relative or other responsible person who has a proper interest in
	the individual's welfare.
	(b)  An individual detained under Section 81.0891 must:
	(1)  immediately be informed, orally in simple,
	nontechnical terms, of the individual's rights under this section
	by the peace officer at the time the peace officer takes the
	individual into custody under Section 81.0891; and
	(2)  not later than 24 hours after the time the
	individual is admitted to a health facility or detained in another
	location, as applicable, be informed of the rights provided by this
	section and this subchapter:
	(A)  orally in simple, nontechnical terms and in
	writing in the person's primary language, if possible; or
	(B)  through the use of a means reasonably
	calculated to communicate with a hearing or visually impaired
	individual, if applicable.
	(c)  The executive commissioner of the Health and Human
	Services Commission by rule shall prescribe the manner in which the
	individual is informed of the individual's rights under this
	subchapter.
	SECTION 8.  The heading to Subchapter G, Chapter 81, Health
	and Safety Code, is amended to read as follows:
	SUBCHAPTER G. COURT ORDERS FOR MANAGEMENT OF PERSONS WHO ARE
	INFECTED WITH, EXPOSED TO, OR CARRIERS OF COMMUNICABLE DISEASES
	SECTION 9.  Section 81.151(e), Health and Safety Code, is
	amended to read as follows:
	(e)  A single application may be filed for a group if:
	(1)  the department or health authority reasonably
	suspects that a group of five or more persons are infected with,
	have been [has been] exposed to, or are carriers of [infected with]
	a communicable disease; and
	(2)  each person in the group meets the criteria of this
	chapter for court orders for the management of a person who is
	infected with, has been exposed to, or is a carrier of a
	communicable disease.
	SECTION 10.  Section 81.1511, Health and Safety Code, is
	amended to read as follows:
	Sec. 81.1511.  APPLICABILITY OF SUBCHAPTER TO GROUP. To the
	extent possible, and except as otherwise provided, if a group
	application is filed under Section 81.151(e), the provisions of
	this subchapter apply to the group in the same manner as they apply
	to an individual, except that:
	(1)  except as provided by Subdivision (2), any
	statement or determination regarding the condition [conduct] or
	status of a person must be made in regard to the majority of the
	members of the group;
	(2)  any finding or statement related to compliance
	with orders under Section 81.083 must be made for the entire group;
	(3)  any notice required to be provided to a person
	must:
	(A)  in addition to being sent to each individual
	in the group for whom the department or health authority has an
	address, be published in a newspaper of general circulation in the
	county that includes the area of the suspected contamination and
	any other county in which the department or health authority
	suspects a member of the group resides;
	(B)  state that the group is appointed an attorney
	but that a member of the group is entitled to the member's own
	attorney on request; and
	(C)  include instructions for any person who
	reasonably suspects that the person was at the place of the
	suspected exposure at the time of the suspected exposure to provide
	the person's name, address, and county of residence to the
	department or health authority; and
	(4)  an affidavit of medical evaluation for the group
	may be based on evaluation of one or more members of the group if the
	physician reasonably believes that the condition of the individual
	or individuals represents the condition of the majority of the
	members of the group.
	SECTION 11.  Section 81.152, Health and Safety Code, is
	amended to read as follows:
	Sec. 81.152.  FORM OF APPLICATION.  (a)  An application for
	a court order for the management of a person who is infected with,
	has been exposed to, or is a carrier of a communicable disease must
	be styled using the person's initials and not the person's full
	name.
	(b)  The application must state whether the application is
	for temporary or extended management of a person who is infected
	with, has been exposed to, or is a carrier of a communicable
	disease.
	(c)  Any application must contain the following information
	according to the applicant's information and belief:
	(1)  the person's name and address;
	(2)  the person's county of residence in this state;
	(3)  a statement that the person is infected with, has
	been exposed to, or is the carrier of or is reasonably suspected of
	being infected with, having been exposed to, or being the carrier of
	a communicable disease that presents a threat to public health and
	that the person meets the criteria of this chapter for court orders
	for the management of a person with a communicable disease; and
	(4)  a statement, to be included only in an application
	for inpatient treatment, that the person fails or refuses to comply
	with written orders of the department or health authority under
	Section 81.083, if applicable.
	(d)  A group application must contain the following
	information according to the applicant's information and belief:
	(1)  a description of the group and the location where
	the members of the group may be found;
	(2)  a narrative of how the members of the group have
	become infected with, were [has been] exposed to, or became
	carriers of the communicable disease [infected];
	(3)  an estimate of how many persons are included in the
	group;
	(4)  to the extent known, a list containing the name,
	address, and county of residence in this state of each member of the
	group;
	(5)  if the applicant is unable to obtain the name and
	address of each member of the group:
	(A)  a statement that the applicant has sought
	each of the unknown names and addresses; and
	(B)  the reason that the names and addresses are
	unavailable; and
	(6)  a statement, to be included only in an application
	for inpatient treatment, that the members of the group fail or
	refuse to comply with written orders of the department or health
	authority under Section 81.083, if applicable.
	SECTION 12.  Section 81.153(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The judge shall appoint an attorney to represent a
	person not later than the 24th hour after the time an application
	for a court order for the management of a person who is infected
	with, has been exposed to, or is the carrier of a communicable
	disease is filed if the person does not have an attorney. The judge
	shall also appoint a language or sign interpreter if necessary to
	ensure effective communication with the attorney in the person's
	primary language.
	SECTION 13.  Section 81.158(a), Health and Safety Code, is
	amended to read as follows:
	(a)  An affidavit of medical evaluation must be dated and
	signed by the commissioner or the commissioner's designee, or by a
	health authority with the concurrence of the commissioner or the
	commissioner's designee. The certificate must include:
	(1)  the name and address of the examining physician,
	if applicable;
	(2)  the name and address of the person examined or to
	be examined;
	(3)  the date and place of the examination, if
	applicable;
	(4)  a brief diagnosis of the examined person's
	physical and mental condition, if applicable;
	(5)  the period, if any, during which the examined
	person has been under the care of the examining physician;
	(6)  an accurate description of the health treatment,
	if any, given by or administered under the direction of the
	examining physician; and
	(7)  the opinion of the health authority or department
	and the reason for that opinion, including laboratory reports,
	that:
	(A)  the examined person is infected with, has
	been exposed to, or is the carrier of or is reasonably suspected of
	being infected with, having been exposed to, or being the carrier of
	a communicable disease that presents a threat to public health; and
	(B)  as a result of that communicable disease the
	examined person:
	(i)  is likely to cause serious harm to self
	[himself]; or
	(ii)  will, if not examined, observed, or
	treated, continue to endanger public health.
	SECTION 14.  Section 81.159(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The commissioner shall designate health care facilities
	throughout the state that are capable of providing services for the
	examination, observation, isolation, or treatment of persons
	having or suspected of being infected with, having been exposed to,
	or being a carrier of [having] a communicable disease. However, the
	commissioner may not designate:
	(1)  a nursing home or custodial care home required to
	be licensed under Chapter 242; or
	(2)  an intermediate care facility for persons with an
	intellectual or developmental disability [the mentally retarded]
	required to be licensed under Chapter 252.
	SECTION 15.  Sections 81.161(a) and (c), Health and Safety
	Code, are amended to read as follows:
	(a)  A motion for an order of protective custody may be filed
	only in the court in which an application for a court order for the
	management of a person who is infected with, has been exposed to, or
	is the carrier of a communicable disease is pending.
	(c)  The motion must state that:
	(1)  the department or health authority has reason to
	believe and does believe that the person meets the criteria
	authorizing the court to order protective custody; and
	(2)  the belief is derived from:
	(A)  the representations of a credible person;
	(B)  the condition [conduct] of the person who is
	the subject of the motion; or
	(C)  the circumstances under which the person is
	found.
	SECTION 16.  Sections 81.162(a) and (f), Health and Safety
	Code, are amended to read as follows:
	(a)  The judge or designated magistrate may issue a
	protective custody order if the judge or magistrate determines:
	(1)  that the health authority or department has stated
	its opinion and the detailed basis for its opinion that the person
	is infected with, has been exposed to, or is the carrier of or is
	reasonably suspected of being infected with, having been exposed
	to, or being the carrier of a communicable disease that presents an
	immediate threat to the public health; and
	(2)  that the person fails or refuses to comply with the
	written orders of the health authority or the department under
	Section 81.083, if applicable.
	(f)  Notwithstanding Section 81.161 or Subsection (c), a
	judge or magistrate may issue a temporary protective custody order
	before the filing of an application for a court order for the
	management of a person who is infected with, has been exposed to, or
	is a carrier of a communicable disease under Section 81.151 if:
	(1)  the judge or magistrate takes testimony that an
	application under Section 81.151, together with a motion for
	protective custody under Section 81.161, will be filed with the
	court on the next business day; and
	(2)  the judge or magistrate determines based on
	evidence taken under Subsection (d) that there is probable cause to
	believe that the person presents a substantial risk of serious harm
	to self [himself] or others to the extent that the person cannot be
	at liberty pending the filing of the application and motion.
	SECTION 17.  Section 81.165(a), Health and Safety Code, is
	amended to read as follows:
	(a)  A hearing must be held to determine if:
	(1)  there is probable cause to believe that a person
	under a protective custody order presents a substantial risk of
	serious harm to the person [himself] or others to the extent that
	the person cannot be at liberty pending the hearing on a court order
	for the management of a person with a communicable disease; and
	(2)  the health authority or department has stated its
	opinion and the detailed basis for its opinion that the person is
	infected with, has been exposed to, or is the carrier of or is
	reasonably suspected of being infected with, having been exposed
	to, or being the carrier of a communicable disease that presents an
	immediate threat to public health.
	SECTION 18.  Section 81.166(d), Health and Safety Code, is
	amended to read as follows:
	(d)  The notification of probable cause hearing shall read as
	follows:
	(Style of Case)
	NOTIFICATION OF PROBABLE CAUSE HEARING
	On this the _____ day of _________________, 20__ [19__], the
	undersigned hearing officer heard evidence concerning the need for
	protective custody of ___________ (hereinafter referred to as
	proposed patient). The proposed patient was given the opportunity
	to challenge the allegations that the proposed patient [(s)he]
	presents a substantial risk of serious harm to self or others.
	The proposed patient and the proposed patient's [his or her]
	attorney _________________________ have been given written notice
	that the proposed patient was placed under an order of protective
	custody and the reasons for such order on ___________ (date of
	notice).
	I have examined the affidavit of medical evaluation and
	________________ (other evidence considered). Based on this
	evidence, I find that there is probable cause to believe that the
	proposed patient presents a substantial risk of serious harm to
	self [himself or herself] (yes ____ or no ____) or others (yes ____
	or no ____) such that the proposed patient [(s)he] cannot be at
	liberty pending final hearing because the proposed patient [(s)he]
	is infected with, has been exposed to, or is the carrier of or is
	reasonably suspected of being infected with, having been exposed
	to, or being the carrier of a communicable disease that presents an
	immediate threat to the public health and the proposed patient
	[(s)he] has failed or refused to comply with the orders of the
	health authority or the Texas Department of Health delivered on
	__________ (date of service) ____________.
	SECTION 19.  Section 81.167(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The head of a facility or the facility head's designee
	shall detain a person under a protective custody order in the
	facility pending a court order for the management of a person who is
	infected with, has been exposed to, or is a carrier of a
	communicable disease or until the person is released or discharged
	under Section 81.168.
	SECTION 20.  Section 81.168(c), Health and Safety Code, is
	amended to read as follows:
	(c)  The head of a facility shall discharge a person held
	under a protective custody order if:
	(1)  the head of the facility does not receive notice
	within 72 hours after detention begins, excluding Saturdays,
	Sundays, legal holidays, the period prescribed by Section 81.165(b)
	for an extreme weather emergency, and the duration of a public
	health disaster, that a probable cause hearing was held and the
	person's continued detention was authorized;
	(2)  a final court order for the management of a person
	who is infected with, has been exposed to, or is a carrier of a
	communicable disease has not been entered within the time
	prescribed by Section 81.154; or
	(3)  the health authority or commissioner determines
	that the person no longer meets the criteria for protective custody
	prescribed by Section 81.162.
	SECTION 21.  Section 81.169(a), Health and Safety Code, is
	amended to read as follows:
	(a)  Except as provided by Subsection (b), the judge may hold
	a hearing on an application for a court order for the management of
	a person who is infected with, has been exposed to, or is a carrier
	of a communicable disease at any suitable location in the county.
	The hearing should be held in a physical setting that is not likely
	to have a harmful effect on the public or the person.
	SECTION 22.  Section 81.170(f), Health and Safety Code, is
	amended to read as follows:
	(f)  The jury shall determine if the person is infected with,
	has been exposed to, or is the carrier of or is reasonably suspected
	of being infected with, having been exposed to, or being the carrier
	of a communicable disease that presents a threat to the public
	health and, if the application is for inpatient treatment, has
	refused or failed to follow the orders of the health authority. The
	jury may not make a finding about the type of services to be
	provided to the person.
	SECTION 23.  Section 81.171(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The court shall enter an order denying an application
	for a court order for temporary or extended management if after a
	hearing the judge or jury fails to find, from clear and convincing
	evidence, that the person:
	(1)  is infected with, has been exposed to, or is the
	carrier of or is reasonably suspected of being infected with,
	having been exposed to, or being the carrier of a communicable
	disease that presents a threat to the public health;
	(2)  has refused or failed to follow the orders of the
	health authority if the application is for inpatient treatment; and
	(3)  meets the applicable criteria for orders for the
	management of a person who is infected with, has been exposed to, or
	is a carrier of a communicable disease.
	SECTION 24.  Section 81.172(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The judge or jury may determine that a person requires
	court-ordered examination, observation, isolation, or treatment
	only if the judge or jury finds, from clear and convincing evidence,
	that:
	(1)  the person is infected with, has been exposed to,
	or is the carrier of or is reasonably suspected of being infected
	with, having been exposed to, or being the carrier of a communicable
	disease that presents a threat to the public health and, if the
	application is for inpatient treatment, has failed or refused to
	follow the orders of the health authority or department; and
	(2)  as a result of the communicable disease the
	person:
	(A)  is likely to cause serious harm to self
	[himself]; or
	(B)  will, if not examined, observed, isolated, or
	treated, continue to endanger public health.
	SECTION 25.  Section 81.174(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The judge shall dismiss the jury, if any, after a
	hearing in which a person is found:
	(1)  to be infected with, to have been exposed to, or to
	be the carrier of or to be reasonably suspected of being infected
	with, having been exposed to, or being a carrier of a communicable
	disease;
	(2)  to have failed or refused to follow the orders of a
	health authority or the department if the application is for
	inpatient treatment; and
	(3)  to meet the criteria for orders for the management
	of a patient who is infected with, has been exposed to, or is a
	carrier of a communicable disease.
	SECTION 26.  Section 81.176, Health and Safety Code, is
	amended to read as follows:
	Sec. 81.176.  DESIGNATION OF FACILITY. In a court order for
	the temporary or extended management of a person who is infected
	with, has been exposed to, or is a carrier of a communicable disease
	specifying inpatient care, the court shall commit the person to a
	health care facility designated by the commissioner or a health
	authority in accordance with Section 81.159.
	SECTION 27.  Section 81.183(b), Health and Safety Code, is
	amended to read as follows:
	(b)  The court shall appoint an attorney to represent the
	person if a hearing is scheduled. The person shall be given notice
	of the matters to be considered at the hearing. The notice must
	comply with the requirements of Section 81.155 for notice before a
	hearing on an application for court orders for the management of a
	person who is infected with, has been exposed to, or is a carrier of
	a communicable disease.
	SECTION 28.  Section 81.186(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The court may modify an order for outpatient services at
	the modification hearing if the court determines that the person
	continues to meet the applicable criteria for court orders for the
	management of a person who is infected with, has been exposed to, or
	is a carrier of a communicable disease and that:
	(1)  the person has not complied with the court's order;
	or
	(2)  the person's condition has deteriorated to the
	extent that outpatient services are no longer appropriate.
	SECTION 29.  Section 81.188(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The court may set aside an order for the management of a
	person who is infected with, has been exposed to, or is a carrier of
	a communicable disease and grant a motion for rehearing for good
	cause shown.
	SECTION 30.  Section 81.190(d), Health and Safety Code, is
	amended to read as follows:
	(d)  The hearing is held before the court and without a jury.
	The hearing must be held in accordance with the requirements for a
	hearing on an application for a court order for the management of a
	person who is infected with, has been exposed to, or is a carrier of
	a communicable disease.
	SECTION 31.  Section 81.191(a), Health and Safety Code, is
	amended to read as follows:
	(a)  An appeal from an order for the management of a person
	who is infected with, has been exposed to, or is a carrier of a
	communicable disease, or from a renewal or modification of an
	order, must be filed in the court of appeals for the county in which
	the order is entered.
	SECTION 32.  Section 81.193(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The head of a facility may permit a person admitted to
	the facility under order for extended inpatient management of a
	person who is infected with, has been exposed to, or is a carrier of
	a communicable disease to leave the facility under a pass.
	SECTION 33.  Chapter 81, Health and Safety Code, is amended
	by adding Subchapters J and K to read as follows:
	SUBCHAPTER J. TASK FORCE ON INFECTIOUS DISEASE PREPAREDNESS AND
	RESPONSE
	Sec. 81.401.  DEFINITION. In this subchapter, "task force"
	means the Task Force on Infectious Disease Preparedness and
	Response.
	Sec. 81.402.  PURPOSE AND FINDINGS. The legislature finds
	that:
	(1)  infectious diseases are responsible for more
	deaths worldwide than any other single cause;
	(2)  the State of Texas has a responsibility to
	safeguard and protect the health and well-being of its citizens
	from the spread of infectious diseases;
	(3)  on September 30, 2014, the first case of Ebola
	diagnosed in the United States occurred in Dallas, Texas;
	(4)  addressing infectious diseases requires the
	coordination and cooperation of multiple governmental entities at
	the local, state, and federal levels;
	(5)  public health and medical preparedness and
	response guidelines are crucial to protect the safety and welfare
	of our citizens; and
	(6)  Texas has nationally recognized infectious
	disease experts and other highly trained professionals across the
	state with the experience needed to minimize any potential risk to
	the people of Texas.
	Sec. 81.403.  TASK FORCE; DUTIES.  (a)  The Task Force on
	Infectious Disease Preparedness and Response is created as an
	advisory panel to the governor.
	(b)  The task force shall:
	(1)  provide expert, evidence-based assessments,
	protocols, and recommendations related to state responses to
	infectious diseases, including Ebola; and
	(2)  serve as a reliable and transparent source of
	information and education for Texas leadership and citizens.
	Sec. 81.404.  APPOINTMENT OF MEMBERS; TERMS.  (a)  The
	governor may appoint members of the task force as necessary,
	including members from relevant state agencies, members with
	expertise in infectious diseases and other issues involved in the
	prevention of the spread of infectious diseases, and members from
	institutions of higher education in this state.  The governor shall
	appoint to the task force:
	(1)  at least one member who is a representative of a
	local health authority serving a rural area; and
	(2)  at least one member who is a representative of a
	local health authority serving an urban area.
	(b)  The governor shall appoint a director of the task force
	from among the members of the task force.
	(c)  The governor may fill any vacancy that occurs on the
	task force and may appoint additional members as needed.
	(d)  Members of the task force serve at the pleasure of the
	governor.
	(e)  A state or local employee appointed to the task force
	shall perform any duties required by the task force in addition to
	the regular duties of the employee.
	Sec. 81.405.  REPORTS. The task force may make written
	reports on its findings and recommendations, including legislative
	recommendations, to the governor and legislature.
	Sec. 81.406.  MEETINGS. (a)  The task force shall meet at
	times and locations as determined by the director of the task force.
	(b)  The task force may meet telephonically.
	(c)  The task force may hold public hearings to gather
	information.  The task force shall endeavor to meet in various parts
	of the state to encourage local input.
	(d)  The task force may meet in executive session to discuss
	matters that are confidential by state or federal law or to ensure
	public security or law enforcement needs.
	Sec. 81.407.  ADMINISTRATIVE SUPPORT. State agencies with
	members on the task force shall provide administrative support for
	the task force.
	Sec. 81.408.  REIMBURSEMENT. Task force members serve
	without compensation and are not entitled to reimbursement for
	travel expenses.
	SUBCHAPTER K. STATEWIDE INFECTIOUS DISEASE CONTROL MEASURES;
	PREPARATION
	Sec. 81.451.  PERSONAL PROTECTIVE EQUIPMENT. (a)  In this
	section, "personal protective equipment" means specialized
	clothing or equipment worn for protection against infectious
	materials.
	(b)  The department shall establish a stockpile, or regional
	stockpiles, of personal protective equipment to support responses
	to infectious disease emergencies in the state, if funds are
	appropriated for the purposes of this section.
	Sec. 81.452.  MOBILE APPLICATION. The department may
	contract to establish a mobile application for wireless
	communications devices that might be used by health officials and
	health care providers to monitor the spread of an infectious
	disease in real time.
	Sec. 81.453.  PORTABLE MEDICAL WASTE TREATMENT. The
	department, the Texas Department of Transportation, and the Texas
	Commission on Environmental Quality shall:
	(1)  evaluate portable treatment options for medical
	waste to render pathogens in that waste noninfectious; and
	(2)  develop procedures to rapidly deploy the portable
	treatment options through vendor contracts or state purchase.
	SECTION 34.  Subchapter B, Chapter 716, Health and Safety
	Code, is amended by adding Section 716.055 to read as follows:
	Sec. 716.055.  EXCEPTION:  DEPARTMENT OF STATE HEALTH
	SERVICES AUTHORIZATION. (a)  A crematory establishment may
	cremate the deceased person's human remains without receipt of a
	cremation authorization form signed by the authorizing agent if the
	Department of State Health Services certifies that:
	(1)  the deceased person was infected with, was exposed
	to, or was a carrier of a communicable disease that presents a
	threat to public health; and
	(2)  burial of the body would pose a public health risk.
	(b)  The Texas Funeral Service Commission may adopt rules
	necessary to implement this section.
	SECTION 35.  The heading to Section 716.204, Health and
	Safety Code, is amended to read as follows:
	Sec. 716.204.  IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY[;
	WRITTEN DIRECTIONS].
	SECTION 36.  Section 716.204, Health and Safety Code, is
	amended by adding Subsection (c) to read as follows:
	(c)  If Section 716.055(a) applies, a cemetery organization,
	a business operating a crematory or columbarium, a funeral
	director, an embalmer, or a funeral establishment is not criminally
	liable or liable in a civil action for cremating the human remains
	of a deceased person.
	SECTION 37.  The Department of State Health Services, the
	Texas Animal Health Commission, the Texas A&M Veterinary Medical
	Diagnostic Laboratory, and the Texas A&M College of Veterinary
	Medicine and Biomedical Sciences shall:
	(1)  review documents published or updated by the
	federal Centers for Disease Control and Prevention and the United
	States Department of Agriculture providing guidance on infection
	control measures, including quarantine, for pets and livestock
	animals exposed to infectious diseases;
	(2)  incorporate the recommendations of the federal
	Centers for Disease Control and Prevention and the United States
	Department of Agriculture in developing and revising guidelines for
	this state to use in preventing the spread of infectious disease
	through pets and livestock;
	(3)  evaluate the current facilities and capabilities
	of this state to implement the guidelines adopted under Subdivision
	(2) of this section, including an evaluation of the sufficiency and
	capacity of available quarantine facilities;
	(4)  solicit public feedback in developing any
	recommendations for legislative, administrative, or executive
	action to address perceived problems; and
	(5)  submit a report on any findings, evaluations, and
	recommendations to the governor and the legislature not later than
	December 1, 2016.
	SECTION 38.  (a) Not later than December 1, 2015, the
	Department of State Health Services shall submit a report to the
	legislature regarding the preparedness of this state for containing
	an infectious disease outbreak.
	(b)  The report under this section must include:
	(1)  any progress that the department has made on
	implementing recommendations of the Task Force on Infectious
	Disease Preparedness and Response;
	(2)  recommendations for statutory changes that are
	necessary to enable the department to implement the recommendations
	of the Task Force on Infectious Disease Preparedness and Response;
	(3)  a cost analysis for the implementation of any
	recommendations of the Task Force on Infectious Disease
	Preparedness and Response that the department determines are not
	possible to implement using existing resources;
	(4)  an evaluation of portable medical waste treatment
	options under Section 81.453, Health and Safety Code, as added by
	this Act, proposed procedures for deploying the portable treatment
	options, any projected costs for those treatments, and any
	legislative recommendations necessary to implement any proposed
	portable medical waste treatment solutions; and
	(5)  any recommendations for legislation or other
	measures that would assist the department in preparing for an
	infectious disease outbreak.
	(c)  The Department of State Health Services shall
	coordinate with other state agencies as necessary to complete the
	report under this section.  The report must specify if the
	department determines that a recommendation be implemented by
	another state agency.
	SECTION 39.  (a)  On the effective date of this Act, a member
	serving on the Task Force on Infectious Disease Preparedness and
	Response created by executive order of the governor continues to
	serve on the Task Force on Infectious Disease Preparedness and
	Response under Subchapter J, Chapter 81, Health and Safety Code, as
	added by this Act.
	(b)  As soon as practicable after the effective date of this
	Act, the governor shall make any appointments to the Task Force on
	Infectious Disease Preparedness and Response required under
	Subchapter J, Chapter 81, Health and Safety Code, as added by this
	Act.
	SECTION 40.  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, 2015.
	* * * * *