reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter A. General Provisions › Section 81.006. Funds

Sec. 81.006.  FUNDS.  The department may seek, receive, and spend appropriations, grants, fees, or donations for the purpose of identifying, reporting, preventing, or controlling communicable diseases or conditions determined to be injurious or to be a threat to the public health subject to any limitations or conditions prescribed by the legislature.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter A. General Provisions › Section 81.007. Limitation on Liability

Sec. 81.007.  LIMITATION ON LIABILITY.  A private individual performing duties in compliance with orders or instructions of the department or a health authority issued under this chapter is not liable for the death of or injury to a person or for damage to property, except in a case of wilful misconduct or gross negligence.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter A. General Provisions › Section 81.008. Communicable Disease in Animals; Exchange of Information

Sec. 81.008.  COMMUNICABLE DISEASE IN ANIMALS;  EXCHANGE OF INFORMATION.  The Texas Animal Health Commission and the Texas A&M University Veterinary Medical Diagnostic Laboratory shall each adopt by rule a memorandum of understanding, adopted also by rule by the executive commissioner, governing the exchange of information on communicable diseases in animals between the department and those entities.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0218, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter A. General Provisions › Section 81.009. Exemption From Medical Treatment

Sec. 81.009.  EXEMPTION FROM MEDICAL TREATMENT.  (a)  This chapter does not authorize or require the medical treatment of an individual who chooses treatment by prayer or spiritual means as part of the tenets and practices of a recognized church of which the individual is an adherent or member.  However, the individual may be isolated or quarantined in an appropriate facility and shall obey the rules, orders, and instructions of the department or health authority while in isolation or quarantine.
(b)  An exemption from medical treatment under this section does not apply during an emergency or an area quarantine or after the issuance by the governor of an executive order or a proclamation under Chapter 418, Government Code (Texas Disaster Act of 1975).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter A. General Provisions › Section 81.011. Request for Information

Sec. 81.011.  REQUEST FOR INFORMATION.  In times of emergency or epidemic declared by the commissioner, the department is authorized to request information pertaining to names, dates of birth, and most recent addresses of individuals from the driver's license records of the Department of Public Safety for the purpose of notification to individuals of the need to receive certain immunizations or diagnostic, evaluation, or treatment services for suspected communicable diseases.
Added by Acts 1991, 72th Leg., ch. 898, Sec. 3, eff. September 1, 1991.
Redesignated from Health and Safety Code Sec. 81.023, subsec. (d) and amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.169, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter A. General Provisions › Section 81.012. Designated Infection Control Officer

Sec. 81.012.  DESIGNATED INFECTION CONTROL OFFICER.  (a)  An entity that employs or uses the services of an emergency response employee or volunteer shall nominate a designated infection control officer and an alternate designated infection control officer to:
(1)  receive notification of a potential exposure to a reportable disease from a health care facility;
(2)  notify the appropriate health care providers of a potential exposure to a reportable disease;
(3)  act as a liaison between the entity's emergency response employees or volunteers who may have been exposed to a reportable disease during the course and scope of employment or service as a volunteer and the destination hospital of the patient who was the source of the potential exposure;
(4)  investigate and evaluate an exposure incident, using current evidence-based information on the possible risks of communicable disease presented by the exposure incident; and
(5)  monitor all follow-up treatment provided to the affected emergency response employee or volunteer, in accordance with applicable federal, state, and local law.
(b)  The executive commissioner by rule shall prescribe the qualifications required for a person to be eligible to be designated as an infection control officer under this section.  The qualifications must include a requirement that the person be trained as a health care provider or have training in the control of infectious and communicable diseases.
(c)  The entity that employs or uses the services of an emergency response employee or volunteer is responsible for notifying the local health authorities or local health care facilities, according to any local rules or procedures, that the entity has a designated infection control officer or alternate designated infection control officer.
Added by Acts 2015, 84th Leg., R.S., Ch. 1278 (S.B. 1574), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter A. General Provisions › Section 81.013. Consideration of Federal Law and Regulations

Sec. 81.013.  CONSIDERATION OF FEDERAL LAW AND REGULATIONS.  The executive commissioner shall review the Ryan White HIV/AIDS Treatment Extension Act of 2009 (Pub. L. No. 111-87) or any successor law and any regulations adopted under the law and determine whether adopting by rule any part of the federal law or regulations is in the best interest of the state to further achieve the purposes of this chapter.  If the executive commissioner determines that adopting the federal law or regulations is in the best interest of the state to further achieve the purposes of this chapter, the executive commissioner may by rule adopt all or a part of the federal law or regulations.
Added by Acts 2015, 84th Leg., R.S., Ch. 1278 (S.B. 1574), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter A. General Provisions › Section 81.014. Long-Term Care Facility Infection Prevention and Control Program

Sec. 81.014.  LONG-TERM CARE FACILITY INFECTION PREVENTION AND CONTROL PROGRAM.  Each long-term care facility's infection prevention and control program must include:
(1)  monitoring of key infectious agents, including multidrug-resistant organisms; and
(2)  procedures for making rapid influenza diagnostic tests available to facility residents.
Added by Acts 2019, 86th Leg., R.S., Ch. 786 (H.B. 1848), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter A. General Provisions › Section 81.015. Antimicrobial Stewardship Regional Advisory Committees

Sec. 81.015.  ANTIMICROBIAL STEWARDSHIP REGIONAL ADVISORY COMMITTEES.  (a)  The department shall establish a regional advisory committee in each public health region designated under Section 121.007 to address antimicrobial stewardship in long-term care facilities and to improve antimicrobial stewardship through collaborative action.
(b)  A regional advisory committee established under this section must include:
(1)  physicians;
(2)  directors of nursing or equivalent consultants with long-term care facilities;
(3)  public health officials knowledgeable about antimicrobial stewardship; and
(4)  other interested parties.
Added by Acts 2019, 86th Leg., R.S., Ch. 786 (H.B. 1848), Sec. 2, eff. September 1, 2019.
Text of section as added by Acts 2021, 87th Leg., R.S., Ch. 842 (S.B. 437), Sec. 1
For text of section as added by Acts 2021, 87th Leg., R.S., Ch. 864 (S.B. 969), Sec. 1, see other Sec. 81.016.
For expiration of this section, see Subsection (d).
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter A. General Provisions › Section 81.016. Personal Protective Equipment Reserve Advisory Committee

Sec. 81.016.  PERSONAL PROTECTIVE EQUIPMENT RESERVE ADVISORY COMMITTEE.  (a) In this section, "division" means the Texas Division of Emergency Management.
(b)  The division shall establish the Personal Protective Equipment Reserve Advisory Committee composed of the following members appointed by the division:
(1)  one representative of an association representing different types of hospitals and health systems;
(2)  one representative of an association representing nursing facilities;
(3)  one representative of an association representing primary care clinics;
(4)  one representative of an association representing nurses;
(5)  one representative of an association representing home hospice care providers;
(6)  one representative of a statewide association representing physicians;
(7)  two representatives of labor organizations that represent essential personnel;
(8)  one representative from the personal protective equipment manufacturing industry;
(9)  one consumer representative;
(10)  one representative from an association representing counties;
(11)  one representative of a regional advisory council from one of this state's trauma service areas;
(12)  one representative from the department;
(13)  one representative from the division; and
(14)  one representative from the commission.
(c)  The advisory committee shall make recommendations to the division as necessary on:
(1)  the procurements needed for a statewide personal protective equipment reserve;
(2)  the storage of the equipment in the reserve; and
(3)  the distribution of the equipment to health care workers and essential personnel.
(d)  This section expires and the advisory committee is abolished September 1, 2023.
Added by Acts 2021, 87th Leg., R.S., Ch. 842 (S.B. 437), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter A. General Provisions › Section 81.016. Availability of Data Regarding Public Health Disaster

Text of section as added by Acts 2021, 87th Leg., R.S., Ch. 864 (S.B. 969), Sec. 1
For text of section as added by Acts 2021, 87th Leg., R.S., Ch. 842 (S.B. 437), Sec. 1, see other Sec. 81.016.
Sec. 81.016.  AVAILABILITY OF DATA REGARDING PUBLIC HEALTH DISASTER.  During a public health disaster, the department shall timely make available to the public on the department's Internet website, in an easy-to-read format, all available de-identified public health data regarding the public health disaster.  The department must present data related to individuals as summary statistics consistent with the confidentiality provisions of Sections 81.046, 161.0073, and 161.008.
Added by Acts 2021, 87th Leg., R.S., Ch. 864 (S.B. 969), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter B. Prevention and Preparedness › Section 81.021. Protection of Public Health

Sec. 81.021.  PROTECTION OF PUBLIC HEALTH.  The executive commissioner and department shall exercise their powers in matters relating to protecting the public health to prevent the introduction of disease into the state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0220, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter B. Prevention and Preparedness › Section 81.022. Health Education

Sec. 81.022.  HEALTH EDUCATION.  (a)  The department may conduct a program of health education for the prevention and control of communicable disease.
(b)  The department may contract for presentations to increase the public awareness of individual actions needed to prevent and control communicable disease.  The types of presentations include mass media productions, outdoor display advertising, newspaper advertising, literature, bulletins, pamphlets, posters, and audiovisual displays.
(c)  The department shall recommend a public school health curriculum to the State Board of Education.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter B. Prevention and Preparedness › Section 81.023. Immunization

Sec. 81.023.  IMMUNIZATION.  (a)  The department shall develop immunization requirements for children.
(b)  The department shall cooperate with the Department of Family and Protective Services in formulating and implementing the immunization requirements for children admitted to child-care facilities.
(c)  The department shall cooperate with the State Board of Education in formulating and implementing immunization requirements for students admitted to public or private primary or secondary schools.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 898, Sec. 3, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 8.075, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 198, Sec. 2.169, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0221, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter B. Prevention and Preparedness › Section 81.024. Reports by Department

Sec. 81.024.  REPORTS BY DEPARTMENT.  The department shall provide regular reports of the incidence, prevalence, and medical and economic effects of each disease that the department determines is a threatening risk to the public health.  A disease may be a risk because of its indirect complications.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0222, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter B. Prevention and Preparedness › Section 81.027. Trauma Service Area Regional Advisory Council Data Collection and Reporting

Sec. 81.027.  TRAUMA SERVICE AREA REGIONAL ADVISORY COUNCIL DATA COLLECTION AND REPORTING.  (a)  Each trauma service area regional advisory council shall collect from each hospital located in the regional advisory council's trauma service area the de-identified health care data, including demographic data, necessary for this state and the area to effectively plan for and respond to public health disasters and communicable or infectious disease emergencies in this state.  The executive commissioner by rule shall prescribe the data each council must collect under this subsection.
(b)  A trauma service area regional advisory council shall:
(1)  provide the data collected under Subsection (a) to the department; and
(2)  make the data publicly available by:
(A)  posting the data on the regional advisory council's Internet website; or
(B)  if the regional advisory council does not maintain an Internet website, providing the data in writing on request.
(c)  Information collected or maintained under this section that identifies a patient is confidential and exempt from disclosure under Chapter 552, Government Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 866 (S.B. 984), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter C. Reports and Reportable Diseases › Section 81.041. Reportable Diseases

Sec. 81.041.  REPORTABLE DISEASES.  (a)  The executive commissioner shall identify each communicable disease or health condition that shall be reported under this chapter.
(b)  The executive commissioner shall classify each reportable disease according to its nature and the severity of its effect on the public health.
(c)  The executive commissioner shall maintain and revise as necessary the list of reportable diseases.
(d)  The executive commissioner may establish registries for reportable diseases and other communicable diseases and health conditions.  The provision to the department of information relating to a communicable disease or health condition that is not classified as reportable is voluntary only.
(e)  Acquired immune deficiency syndrome and human immunodeficiency virus infection are reportable diseases under this chapter for which the executive commissioner shall require reports.
(f)  In a public health disaster, the commissioner may require reports of communicable diseases or other health conditions from providers without the adoption of a rule or other action by the executive commissioner.  The commissioner shall issue appropriate instructions relating to complying with the reporting requirements of this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.170, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0223, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter C. Reports and Reportable Diseases › Section 81.043. Records and Reports of Health Authority

Sec. 81.043.  RECORDS AND REPORTS OF HEALTH AUTHORITY.  (a)  Each health authority shall keep a record of each case of a reportable disease that is reported to the authority.
(b)  A health authority shall report reportable diseases to the department's central office at least as frequently as the interval set by department rule.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(28), eff. April 2, 2015.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(28), eff. April 2, 2015.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.172, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 447 (H.B. 246), Sec. 1, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0225, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(28), eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter C. Reports and Reportable Diseases › Section 81.044. Reporting Procedures

Sec. 81.044.  REPORTING PROCEDURES.  (a)  The executive commissioner shall prescribe the form and method of reporting under this chapter by electronic data transmission, through a health information exchange as defined by Section 182.151 if requested and authorized by the person required to report, or by other means.
(b)  The executive commissioner may require the reports to contain any information relating to a case that is necessary for the purposes of this chapter, including:
(1)  the patient's name, address, age, sex, race, and occupation;
(2)  the date of onset of the disease or condition;
(3)  the probable source of infection; and
(4)  the name of the attending physician or dentist.
(b-1)  In this subsection, "cycle threshold value" means for a communicable disease test the number of thermal cycles required for the fluorescent signal to exceed that of the background and cross the threshold for a positive test.  The executive commissioner shall require the reports of polymerase chain reaction tests from clinical or hospital laboratories to contain the cycle threshold values and their reference ranges.
(c)  The commissioner may authorize an alternate routing of information in particular cases if the commissioner determines that the reporting procedure would cause the information to be unduly delayed.
(d)  For a case of acquired immune deficiency syndrome or human immunodeficiency virus infection, the executive commissioner shall require the reports to contain:
(1)  the information described by Subsection (b); and
(2)  the patient's ethnicity, national origin, and city and county of residence.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 447 (H.B. 246), Sec. 2, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0226, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1085 (H.B. 2641), Sec. 4, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 10, eff. June 16, 2021.
Acts 2021, 87th Leg., R.S., Ch. 864 (S.B. 969), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter C. Reports and Reportable Diseases › Section 81.0443. Standardized Information Sharing Method

Sec. 81.0443.  STANDARDIZED INFORMATION SHARING METHOD.  The department shall collaborate with local health authorities, hospitals, laboratories, and other persons who submit information to the department during a public health disaster or in response to other outbreaks of communicable disease to plan, design, and implement a standardized and streamlined method for sharing information needed during the disaster or response.  The department may require a person submitting information to the department under this subchapter to use the method developed under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 864 (S.B. 969), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter C. Reports and Reportable Diseases › Section 81.0444. Hospital to Report

Sec. 81.0444.  HOSPITAL TO REPORT.  A hospital shall report to the department and to the applicable trauma service area regional advisory council all information required by the department related to a reportable disease for which a public health disaster is declared.
Added by Acts 2021, 87th Leg., R.S., Ch. 864 (S.B. 969), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter C. Reports and Reportable Diseases › Section 81.0445. Provision of Information to Public During Public Health Disaster

Sec. 81.0445.  PROVISION OF INFORMATION TO PUBLIC DURING PUBLIC HEALTH DISASTER.  (a)  This section applies only to information related to a reportable disease for which a public health disaster is declared.
(b)  The department and each trauma service area regional advisory council shall make publicly available in accordance with Subsection (c) the information a hospital is required to report to the department and regional advisory council under Section 81.0444.  The department and each regional advisory council shall ensure that information released under this subsection does not contain any personally identifiable information.
(c)  The department shall collaborate and coordinate with local health departments to ensure that all information covering a reporting period is released to the public in a timely manner.
(d)  The department shall develop and publish on its Internet website monthly compliance reports for laboratories reporting during a public health disaster.  Each compliance report, at a minimum, must include:
(1)  the number of laboratory reports the department receives by electronic data transmission;
(2)  the number of incomplete information fields in the laboratory reports;
(3)  the electronic format each laboratory used in submitting information;
(4)  the number of coding errors in the laboratory reports; and
(5)  the average length of time from the date the specimen is collected to the date the department receives the corresponding laboratory report.
(e)  The department shall develop and publish on its Internet website monthly compliance reports for hospitals reporting during a public health disaster.  Each compliance report, at a minimum, must include:
(1)  the number of incomplete information fields in the hospital reports;
(2)  the number of reports a hospital failed to submit in a timely manner; and
(3)  the number of identified inaccuracies in the information submitted.
Added by Acts 2021, 87th Leg., R.S., Ch. 864 (S.B. 969), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter C. Reports and Reportable Diseases › Section 81.045. Reports of Death

Sec. 81.045.  REPORTS OF DEATH.  (a)  A physician who attends a person during the person's last illness shall immediately notify the health authority of the jurisdiction in which the person's death is pronounced or the department if the physician knows or suspects that the person died of a reportable disease or other communicable disease that the physician believes may be a threat to the public health.
(b)  An attending physician or health authority, with consent of the survivors, may request an autopsy if the physician or health authority needs further information concerning the cause of death in order to protect the public health.  The health authority shall order the autopsy to determine the cause of death if there are no survivors or the survivors withhold consent to the autopsy.  The autopsy results shall be reported to the department.
(c)  A justice of the peace acting as coroner or a county medical examiner in the course of an inquest under Chapter 49, Code of Criminal Procedure, who finds that a person's cause of death was a reportable disease or other communicable disease that the coroner or medical examiner believes may be a threat to the public health shall immediately notify the health authority of the jurisdiction in which the finding is made or the department.
(d)  If the department provides to a health authority, who serves in that office part-time as described by Section 121.0245, information on a death from a reportable or other communicable disease reported to the department under this section, the department shall also provide the information to the director of the local health department for the county served by the health authority.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 566 (S.B. 464), Sec. 1, eff. June 14, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter C. Reports and Reportable Diseases › Section 81.047. Epidemiological Reports

Sec. 81.047.  EPIDEMIOLOGICAL REPORTS.  Subject to the confidentiality requirements of this chapter, the department shall require epidemiological reports of disease outbreaks and of individual cases of disease suspected or known to be of importance to the public health.  The department shall evaluate the reports to determine the trends involved and the nature and magnitude of the hazards.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter C. Reports and Reportable Diseases › Section 81.049. Failure to Report; Criminal Penalty

Sec. 81.049.  FAILURE TO REPORT;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly fails to report a reportable disease or health condition under this subchapter.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter C. Reports and Reportable Diseases › Section 81.0495. Failure to Report; Civil Penalty

Sec. 81.0495.  FAILURE TO REPORT; CIVIL PENALTY.  (a)  The department may impose a civil penalty of not more than $1,000 on a health care facility for each failure to submit a report required under this subchapter.
(b)  The attorney general may bring an action to recover a civil penalty imposed under Subsection (a).
Added by Acts 2021, 87th Leg., R.S., Ch. 864 (S.B. 969), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter C. Reports and Reportable Diseases › Section 81.052. Reports and Analyses Concerning AIDS and HIV Infection

Sec. 81.052.  REPORTS AND ANALYSES CONCERNING AIDS AND HIV INFECTION.  (a)  The department shall ensure timely and accurate reporting under this chapter of information relating to acquired immune deficiency syndrome and human immunodeficiency virus infection.
(b)  The department shall:
(1)  quarterly compile the information submitted under Section 81.043(c) and make the compiled data available to the public within six months of the last day of each quarter;
(2)  annually analyze and determine trends in incidence and prevalence of AIDS and HIV infection by region, city, county, age, gender, race, ethnicity, national origin, transmission category, and other factors as appropriate; and
(3)  annually prepare a report on the analysis conducted under Subdivision (2) and make the report available to the public.
(b-1)  The department may not include any information that would allow the identification of an individual in an analysis conducted under Subsection (b) or in a report prepared under that subsection.
(c)  The department shall annually project the number of AIDS cases expected in this state based on the reports.
(d)  The department shall make available epidemiologic projections and other analyses, including comparisons of Texas and national trends, to state and local agencies for use in planning, developing, and evaluating AIDS and HIV-related programs and services.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 19, eff. Sept. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 447 (H.B. 246), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter C. Reports and Reportable Diseases › Section 81.053. Data Quality Assurance

Sec. 81.053.  DATA QUALITY ASSURANCE.  The department shall implement quality assurance procedures to ensure that data collected and reported for a public health disaster is systematically reviewed for errors and completeness.  The department shall implement procedures to timely resolve any deficiencies in data collection and reporting.
Added by Acts 2021, 87th Leg., R.S., Ch. 864 (S.B. 969), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter D. Investigation and Inspection › Section 81.061. Investigation

Sec. 81.061.  INVESTIGATION.  (a)  The department shall investigate the causes and effects of communicable disease and methods of prevention.
(b)  The department may require special investigations of specified cases of disease to evaluate the status in this state of epidemic, endemic, or sporadic diseases.  Each health authority shall provide information on request according to the department's written instructions.
(c)  The department may investigate the existence of communicable disease in the state to determine the nature and extent of the disease and potential effects on the health of individuals and to formulate and evaluate the control measures used to protect the public health.  A person shall provide records and other information to the department on request according to the department's written instructions.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1087 (H.B. 3576), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter D. Investigation and Inspection › Section 81.062. Witnesses; Documents

Sec. 81.062.  WITNESSES;  DOCUMENTS.  (a)  For the purpose of an investigation under Section 81.061(c), the department may administer oaths, summon witnesses, and compel the attendance of a witness or the production of a document.  The department may request the assistance of a county or district court to compel the attendance of a summoned witness or the production of a requested document at a hearing.
(b)  A witness or deponent who is not a party and who is subpoenaed or otherwise compelled to appear at a hearing or proceeding under this section conducted outside the witness's or deponent's county of residence is entitled to a travel and per diem allowance.  The executive commissioner by rule shall set the allowance in an amount not to exceed the travel and per diem allowance authorized for state employees traveling in this state on official business.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0230, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter D. Investigation and Inspection › Section 81.063. Samples

Sec. 81.063.  SAMPLES.  (a)  A person authorized to conduct an investigation under this subchapter may take samples of materials present on the premises, including soil, water, air, unprocessed or processed foodstuffs, manufactured clothing, pharmaceuticals, and household goods.
(b)  A person who takes a sample under this section shall offer a corresponding sample to the person in control of the premises for independent analysis.
(c)  A person who takes a sample under this section may reimburse or offer to reimburse the owner for the materials taken.  The reimbursement may not exceed the actual monetary loss to the owner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter D. Investigation and Inspection › Section 81.064. Inspection

Sec. 81.064.  INSPECTION.  (a)  The department or a health authority may enter at reasonable times and inspect within reasonable limits a public place in the performance of that person's duty to prevent or control the entry into or spread in this state of communicable disease by enforcing this chapter or the rules adopted under this chapter.
(b)  In this section, "a public place" means all or any portion of an area, building or other structure, or conveyance that is not used for private residential purposes, regardless of ownership.
(c)  Evidence gathered during an inspection by the department or health authority under this section may not be used in a criminal proceeding other than a proceeding to assess a criminal penalty under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.174, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0231, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter D. Investigation and Inspection › Section 81.065. Right of Entry

Sec. 81.065.  RIGHT OF ENTRY.  (a)  For an investigation or inspection, the commissioner, an employee of the department, or a health authority has the right of entry on land or in a building, vehicle, watercraft, or aircraft and the right of access to an individual, animal, or object that is in isolation, detention, restriction, or quarantine instituted by the commissioner, an employee of the department, or a health authority or instituted voluntarily on instructions of a private physician.
(b)  Evidence gathered during an entry by the commissioner, department, or health authority under this section may not be used in a criminal proceeding other than a proceeding to assess a criminal penalty under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.175, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter D. Investigation and Inspection › Section 81.066. Concealing Communicable Disease or Exposure to Communicable Disease; Criminal Penalty

Sec. 81.066.  CONCEALING COMMUNICABLE DISEASE OR EXPOSURE TO COMMUNICABLE DISEASE;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly conceals or attempts to conceal from the department, a health authority, or a peace officer, during the course of an investigation under this chapter, the fact that:
(1)  the person has, has been exposed to, or is the carrier of a communicable disease that is a threat to the public health;  or
(2)  a minor child or incompetent adult of whom the person is a parent, managing conservator, or guardian has, has been exposed to, or is the carrier of a communicable disease that is a threat to the public health.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.176, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter D. Investigation and Inspection › Section 81.067. Concealing, Removing, or Disposing of an Infected or Contaminated Animal, Object, Vehicle, Watercraft, or Aircraft; Criminal Penalty

Sec. 81.067.  CONCEALING, REMOVING, OR DISPOSING OF AN INFECTED OR CONTAMINATED ANIMAL, OBJECT, VEHICLE, WATERCRAFT, OR AIRCRAFT;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly conceals, removes, or disposes of an infected or contaminated animal, object, vehicle, watercraft, or aircraft that is the subject of an investigation under this chapter by the department, a health authority, or a peace officer.
(b)  An offense under this Section is a Class B misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.177, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter D. Investigation and Inspection › Section 81.068. Refusing Entry or Inspection; Criminal Penalty

Sec. 81.068.  REFUSING ENTRY OR INSPECTION;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly refuses or attempts to refuse entry to the department, a health authority, or a peace officer on presentation of a valid search warrant to investigate, inspect, or take samples on premises controlled by the person or by an agent of the person acting on the person's instruction.
(b)  A person commits an offense if the person knowingly refuses or attempts to refuse inspection under Section 81.064 or entry or access under Section 81.065.
(c)  An offense under this section is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.178, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter E. Control; Public Health Disasters; Public Health Emergencies › Section 81.081. Department's Duty

Sec. 81.081.  DEPARTMENT'S DUTY.  The department is the preemptive authority for purposes of this chapter and shall coordinate statewide or regional efforts to protect public health.  The department shall collaborate with local elected officials, including county and municipal officials, to prevent the spread of disease and protect the public health.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0232, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 11, eff. June 16, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter E. Control; Public Health Disasters; Public Health Emergencies › Section 81.0813. Authority to Declare Public Health Disaster or Order Public Health Emergency

Sec. 81.0813.  AUTHORITY TO DECLARE PUBLIC HEALTH DISASTER OR ORDER PUBLIC HEALTH EMERGENCY.  (a)  The commissioner may declare a statewide or regional public health disaster or order a statewide or regional public health emergency if the commissioner determines an occurrence or threat to public health is imminent.  The commissioner may declare a public health disaster only if the governor declares a state of disaster under Chapter 418, Government Code, for the occurrence or threat.
(b)  Except as provided by Subsection (c), a public health disaster or public health emergency continues until the governor or commissioner terminates the disaster or emergency on a finding that:
(1)  the threat or danger has passed; or
(2)  the disaster or emergency has been managed to the extent emergency conditions no longer exist.
(c)  A public health disaster or public health emergency expires on the 30th day after the date the disaster or emergency is declared or ordered by the commissioner.  A public health disaster may only be renewed by the legislature or by the commissioner with the approval of a designated legislative oversight board that has been granted authority under a statute enacted by the legislature to approve the renewal of a public health disaster declaration.  Each renewal period may not exceed 30 days.
(d)  A declaration or order issued under this section must include:
(1)  a description of the nature of the disaster or emergency;
(2)  a designation of the area threatened by the disaster or emergency;
(3)  a description of the condition that created the disaster or emergency; and
(4)  if applicable:
(A)  the reason for renewing the disaster or emergency; or
(B)  the reason for terminating the disaster or emergency.
(e)  A declaration or order issued under this section must be disseminated promptly by means intended to bring its contents to the public's attention.  A statewide or regional declaration or order shall be filed promptly with the office of the governor and the secretary of state.  A regional declaration or order shall be filed with the county clerk or municipal secretary in each area to which it applies, unless the circumstances attendant on the disaster or emergency prevent or impede the filing.
Added by Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 12, eff. June 16, 2021.