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 E. Control; Public Health Disasters; Public Health Emergencies › Section 81.0814. Consultation With Task Force on Infectious Disease Preparedness and Response

Sec. 81.0814.  CONSULTATION WITH TASK FORCE ON INFECTIOUS DISEASE PREPAREDNESS AND RESPONSE.  After declaring a public health disaster or ordering a public health emergency, the commissioner shall consult with the Task Force on Infectious Disease Preparedness and Response, including any subcommittee the task force forms to aid in the rapid assessment of response efforts.
Added by Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 12, 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 81.0815. Failure to Report; Civil Penalty

Sec. 81.0815.  FAILURE TO REPORT; CIVIL PENALTY.  (a)  A health care facility that fails to submit a report required by the department under a public health disaster is liable to this state for a civil penalty of not more than $1,000 for each failure.
(b)  The attorney general at the request of the department may bring an action to collect a civil penalty imposed under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 12, 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 81.087. Violation of Control Measure Orders; Criminal Penalty

Sec. 81.087.  VIOLATION OF CONTROL MEASURE ORDERS;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly refuses to perform or allow the performance of certain control measures ordered by a health authority or the department under Sections 81.083-81.086.
(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 E. Control; Public Health Disasters; Public Health Emergencies › Section 81.088. Removal, Alteration, or Destruction of Quarantine Devices; Criminal Penalty

Sec. 81.088.  REMOVAL, ALTERATION, OR DESTRUCTION OF QUARANTINE DEVICES;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly or intentionally:
(1)  removes, alters, or attempts to remove or alter an object the person knows is a quarantine device, notice, or security item in a manner that diminishes the effectiveness of the device, notice, or item;  or
(2)  destroys an object the person knows is a quarantine device, notice, or security item.
(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. 2.184, 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 81.089. Transportation; Criminal Penalty

Sec. 81.089.  TRANSPORTATION;  CRIMINAL PENALTY.  (a)  A person commits an offense if, before notifying the department or health authority at a port of entry or a place of first landing or first arrival in this state, the person knowingly or intentionally:
(1)  transports or causes to be transported into this state an object the person knows or suspects may be infected or contaminated with a communicable disease that is a threat to the public health;
(2)  transports or causes to be transported into this state an individual who the person knows has or is the carrier of a communicable disease that is a threat to the public health;  or
(3)  transports or causes to be transported into this state a person, animal, or object in a private or common carrier or a private conveyance that the person knows is or suspects may be infected or contaminated with a communicable disease that is a threat to the public health.
(b)  An offense under this section is a Class A misdemeanor, except that if the person acts with the intent to harm or defraud another, the offense is a felony of the third degree.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.185, 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 81.092. Contracts for Services

Sec. 81.092.  CONTRACTS FOR SERVICES.  The department may contract with a physician to provide services to persons infected or reasonably suspected of being infected with a sexually transmitted disease or tuberculosis if:
(1)  local or regional health department services are not available;
(2)  the person in need of examination or treatment is unable to pay for the services;  and
(3)  there is an immediate need for examination or treatment of the person.
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 E. Control; Public Health Disasters; Public Health Emergencies › Section 81.093. Persons Prosecuted for Certain Crimes

Sec. 81.093.  PERSONS PROSECUTED FOR CERTAIN CRIMES.  (a)  A court may direct a person convicted of an offense under Section 43.02 or 43.021, Penal Code, under Chapter 481 (Texas Controlled Substances Act), or under Sections 485.031 through 485.035 to be subject to the control measures of Section 81.083 and to the court-ordered management provisions of Subchapter G.
(b)  The court shall order that a presentence report be prepared under Subchapter F, Chapter 42A, Code of Criminal Procedure, to determine if a person convicted of an offense under Chapter 481 (Texas Controlled Substances Act) or under Sections 485.031 through 485.035 should be subject to Section 81.083 and Subchapter G.
(c)  On the request of a prosecutor who is prosecuting a person under Section 22.012, Penal Code, the court shall release to the prosecutor the presentencing report and a statement as to whether the court directed the person to be subject to control measures and court-ordered management for human immunodeficiency virus infection or acquired immune deficiency syndrome.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 21, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.64, eff. January 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 44, 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 E. Control; Public Health Disasters; Public Health Emergencies › Section 81.094. Testing by Hospitals of Persons Indicted for Certain Crimes

Sec. 81.094.  TESTING BY HOSPITALS OF PERSONS INDICTED FOR CERTAIN CRIMES.  A hospital shall perform a medical procedure or test on a person if a court orders the hospital to perform the procedure or test on a person whom the court orders to undergo the procedure or test under Article 21.31, Code of Criminal Procedure.  The procedure or test is a cost of court.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 22, eff. Sept. 1, 1991.
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 81.095. Testing for Accidental Exposure

Sec. 81.095.  TESTING FOR ACCIDENTAL EXPOSURE.  (a)  In a case of accidental exposure of a health care worker to blood or other body fluids of a patient in a licensed hospital, the hospital, following a report of the exposure incident, shall take reasonable steps to test the patient for hepatitis B, hepatitis C, HIV, or any reportable disease.
(b)  This subsection applies only in a case of accidental exposure of certified emergency medical services personnel, an emergency response employee or volunteer, or a first responder who renders assistance at the scene of an emergency or during transport to the hospital to blood or other body fluids of a patient who is transported to a licensed hospital.  The hospital receiving the patient, following a report of the exposure incident, shall take reasonable steps to test the patient for hepatitis B, hepatitis C, HIV, or any reportable disease if the report shows there is significant risk to the person exposed.  The organization that employs the person or for which the person works as a volunteer in connection with rendering the assistance is responsible for paying the costs of the test.  The hospital shall provide the test results to the department or to the local health authority and to the designated infection control officer of the entity employing or using the services of an affected emergency response employee or volunteer, which are reponsible for following the procedures prescribed by Section 81.050(h) to inform the person exposed and, if applicable, the patient regarding the test results.  The hospital shall follow applicable reporting requirements prescribed by Subchapter C.  This subsection does not impose a duty on a hospital to provide any further testing, treatment, or services or to perform further procedures.
(c)  A test conducted under this section may be performed without the patient's specific consent.
(d)  The facility shall have a policy concerning the disclosure of the result of the testing as authorized or required by law.
(e)  The facility shall abide by all patient confidentiality standards as set out in Section 81.046.
Added by Acts 1999, 76th Leg., ch. 1169, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 610, Sec. 1, eff. June 11, 2001;  Acts 2003, 78th Leg., ch. 835, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1278 (S.B. 1574), Sec. 10, 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 F. Tests for Acquired Immune Deficiency Syndrome and Related Disorders › Section 81.101. Definitions

Sec. 81.101.  DEFINITIONS.  In this subchapter:
(1)  "AIDS" means acquired immune deficiency syndrome as defined by the Centers for Disease Control and Prevention of the United States Public Health Service.
(2)  "HIV" means human immunodeficiency virus.
(3)  "Bona fide occupational qualification" means a qualification:
(A)  that is reasonably related to the satisfactory performance of the duties of a job;  and
(B)  for which there is a reasonable cause for believing that a person of the excluded group would be unable to perform satisfactorily the duties of the job with safety.
(4)  "Blood bank" means a blood bank, blood center, regional collection center, tissue bank, transfusion service, or other similar facility licensed by the Center for Biologics Evaluation and Research of the United States Food and Drug Administration, accredited for membership in the AABB (formerly known as the American Association of Blood Banks), or qualified for membership in the American Association of Tissue Banks.
(5)  "Test result" means any statement that indicates that an identifiable individual has or has not been tested for AIDS or HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS, including a statement or assertion that the individual is positive, negative, at risk, or has or does not have a certain level of antigen or antibody.
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. 3.0238, 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 F. Tests for Acquired Immune Deficiency Syndrome and Related Disorders › Section 81.104. Injunction; Civil Liability

Sec. 81.104.  INJUNCTION;  CIVIL LIABILITY.  (a)  A person may bring an action to restrain a violation or threatened violation of Section 81.102 or 81.103.
(b)  A person who violates Section 81.102 or who is found in a civil action to have negligently released or disclosed a test result or allowed a test result to become known in violation of Section 81.103 is liable for:
(1)  actual damages;
(2)  a civil penalty of not more than $5,000;  and
(3)  court costs and reasonable attorney's fees incurred by the person bringing the action.
(c)  A person who is found in a civil action to have wilfully released or disclosed a test result or allowed a test result to become known in violation of Section 81.103 is liable for:
(1)  actual damages;
(2)  a civil penalty of not less than $5,000 nor more than $10,000;  and
(3)  court costs and reasonable attorney's fees incurred by the person bringing the action.
(d)  Each release or disclosure made, or allowance of a test result to become known, in violation of this subchapter constitutes a separate offense.
(e)  A defendant in a civil action brought under this section is not entitled to claim any privilege as a defense to the action.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1213, Sec. 1, eff. Sept. 1, 1999.
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 F. Tests for Acquired Immune Deficiency Syndrome and Related Disorders › Section 81.105. Informed Consent

Sec. 81.105.  INFORMED CONSENT.  (a)  Except as otherwise provided by law, a person may not perform a test designed to identify HIV or its antigen or antibody without first obtaining the informed consent of the person to be tested.
(b)  Consent need not be written if there is documentation in the medical record that the test has been explained and the consent has been obtained.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 26, eff. Sept. 1, 1991.
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 F. Tests for Acquired Immune Deficiency Syndrome and Related Disorders › Section 81.106. General Consent

Sec. 81.106.  GENERAL CONSENT.  (a)  A person who has signed a general consent form for the performance of medical tests or procedures is not required to also sign or be presented with a specific consent form relating to medical tests or procedures to determine HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS that will be performed on the person during the time in which the general consent form is in effect.
(b)  Except as otherwise provided by this chapter, the result of a test or procedure to determine HIV infection, antibodies to HIV, or infection with any probable causative agent of AIDS performed under the authorization of a general consent form in accordance with this section may be used only for diagnostic or other purposes directly related to medical treatment.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 27, eff. Sept. 1, 1991.
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 F. Tests for Acquired Immune Deficiency Syndrome and Related Disorders › Section 81.107. Consent to Test for Certain Accidental Exposures

Sec. 81.107.  CONSENT TO TEST FOR CERTAIN ACCIDENTAL EXPOSURES.  (a)  In a case of accidental exposure to blood or other body fluids under Section 81.102(a)(5)(D), the health care agency or facility may test a person who may have exposed the health care worker or other emergency response employee or volunteer to HIV without the person's specific consent to the test.
(b)  A test under this section may be done only if:
(1)  the test is done according to protocols established as provided by Section 81.102(c);  and
(2)  those protocols ensure that any identifying information concerning the person tested will be destroyed as soon as the testing is complete and the person who may have been exposed is notified of the result.
(c)  A test result under this section is subject to the confidentiality provisions of this chapter.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 28, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0240, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1278 (S.B. 1574), Sec. 13, 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 F. Tests for Acquired Immune Deficiency Syndrome and Related Disorders › Section 81.108. Testing by Insurers

Sec. 81.108.  TESTING BY INSURERS.  The Insurance Code and any rules adopted by the commissioner of insurance for the Texas Department of Insurance exclusively govern all practices of insurers in testing applicants to show or help show whether a person has AIDS or HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 29, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0241, 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 F. Tests for Acquired Immune Deficiency Syndrome and Related Disorders › Section 81.109. Counseling Required for Positive Test Results

Sec. 81.109.  COUNSELING REQUIRED FOR POSITIVE TEST RESULTS.  (a)  A positive test result may not be revealed to the person tested without giving that person the immediate opportunity for individual, face-to-face post-test counseling about:
(1)  the meaning of the test result;
(2)  the possible need for additional testing;
(3)  measures to prevent the transmission of HIV;
(4)  the availability of appropriate health care services, including mental health care, and appropriate social and support services in the geographic area of the person's residence;
(5)  the benefits of partner notification;  and
(6)  the availability of partner notification programs.
(b)  Post-test counseling should:
(1)  increase a person's understanding of HIV infection;
(2)  explain the potential need for confirmatory testing;
(3)  explain ways to change behavior conducive to HIV transmission;
(4)  encourage the person to seek appropriate medical care;  and
(5)  encourage the person to notify persons with whom there has been contact capable of transmitting HIV.
(c)  Subsection (a) does not apply if:
(1)  a report of a test result is used for statistical or research purposes only and any information that could identify the person is removed from the report;  or
(2)  the test is conducted for the sole purpose of screening blood, blood products, bodily fluids, organs, or tissues to determine suitability for donation.
(d)  A person who is injured by an intentional violation of this section may bring a civil action for damages and may recover for each violation from a person who violates this section:
(1)  $1,000 or actual damages, whichever is greater;  and
(2)  reasonable attorney fees.
(e)  This section does not prohibit disciplinary proceedings from being conducted by the appropriate licensing authorities for a health care provider's violation of this section.
(f)  A person performing a test to show HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS is not liable under Subsection (d) for failing to provide post-test counseling if the person tested does not appear for the counseling.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 30, eff. Sept. 1, 1991.
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 G. Court Orders for Management of Persons With Communicable Diseases › Section 81.151. Application for Court Order

Sec. 81.151.  APPLICATION FOR COURT ORDER.  (a)  At the request of the health authority, a municipal, county, or district attorney shall file a sworn written application for a court order for the management of a person with a communicable disease.  At the request of the department, the attorney general shall file a sworn written application for a court order for the management of a person with a communicable disease.
(b)  The application must be filed with the district court in the county in which the person:
(1)  resides;
(2)  is found;  or
(3)  is receiving court-ordered health services.
(c)  If the application is not filed in the county in which the person resides, the court may, on request of the person or the person's attorney and if good cause is shown, transfer the application to that county.
(d)  A copy of written orders made under Section 81.083, if applicable, and a medical evaluation must be filed with the application, except that a copy of the written orders need not be filed with an application for outpatient treatment.
(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 has been exposed to or 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 with a communicable disease.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 1, eff. May 23, 1997;  Acts 2003, 78th Leg., ch. 198, Sec. 2.186, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 14.03, 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 G. Court Orders for Management of Persons With Communicable Diseases › Section 81.1511. Applicability of Subchapter to Group

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 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.
Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 14.04, 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 G. Court Orders for Management of Persons With Communicable Diseases › Section 81.152. Form of Application

Sec. 81.152.  FORM OF APPLICATION.  (a)  An application for a court order for the management of a person with 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 with 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 or is reasonably suspected of being infected with 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 group has been exposed or 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 2, eff. May 23, 1997;  Acts 2003, 78th Leg., ch. 198, Sec. 2.187, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 14.05, 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 G. Court Orders for Management of Persons With Communicable Diseases › Section 81.153. Appointment of Attorney

Sec. 81.153.  APPOINTMENT OF ATTORNEY.  (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 with 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.
(b)  The person's attorney shall receive all records and papers in the case and is entitled to have access to all hospital and physicians' records.
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 G. Court Orders for Management of Persons With Communicable Diseases › Section 81.1531. Appointment of Attorney for Group

Sec. 81.1531.  APPOINTMENT OF ATTORNEY FOR GROUP.  (a)  A judge shall appoint an attorney to represent a group identified in a group application under Section 81.151(e) and shall appoint an attorney for each person who is listed in the application if requested by a person in the group who does not have an attorney.
(b)  To the extent possible, the provisions of this chapter that apply to an individual's attorney apply to a group's attorney.
Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 14.06, 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 G. Court Orders for Management of Persons With Communicable Diseases › Section 81.154. Setting on Application

Sec. 81.154.  SETTING ON APPLICATION.  (a)  The judge or a magistrate designated under this chapter shall set a date for a hearing to be held within 14 days after the date on which the application is served on the person.
(b)  The hearing may not be held within the first three days after the application is filed if the person or the person's attorney objects.
(c)  The court may grant one or more continuances of the hearing on the motion by a party and for good cause shown or on agreement of the parties.  However, the hearing shall be held not later than the 30th day after the date on which the original application is served on the person.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 3, eff. May 23, 1997.
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 G. Court Orders for Management of Persons With Communicable Diseases › Section 81.155. Notice

Sec. 81.155.  NOTICE.  (a)  The person and the person's attorney are entitled to receive a copy of the application and written notice of the time and place of the hearing immediately after the date for the hearing is set.
(b)  A copy of the application and the written notice shall be delivered in person or sent by certified mail to:
(1)  the person's parent, if the person is a minor;
(2)  the person's appointed guardian, if the person is the subject of a guardianship;  or
(3)  each managing and possessory conservator, that has been appointed for the person.
(c)  The court shall appoint a guardian ad litem for a minor if the parent cannot be located and a guardian or conservator has not been appointed.
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 G. Court Orders for Management of Persons With Communicable Diseases › Section 81.156. Disclosure of Information

Sec. 81.156.  DISCLOSURE OF INFORMATION.  (a)  The person's attorney may request information from the attorney general or the municipal, county, or district attorney, as appropriate, in accordance with this section if the attorney cannot otherwise obtain the information.  The attorney must request the information at least 48 hours before the time set for the hearing.
(b)  If the person's attorney requests the information in accordance with Subsection (a), the attorney general or the municipal, county, or district attorney shall, within a reasonable time before the hearing, provide the attorney with a statement that includes:
(1)  the provisions of this chapter that will be relied on at the hearing to establish that the person requires a court order for the temporary or extended management of a person with a communicable disease;
(2)  the name, address, and telephone number of each witness who may testify at the hearing;
(3)  a brief description of the reasons why temporary or extended management is required;  and
(4)  a list of any acts committed by the person that the applicant will attempt to prove at the hearing.
(c)  At the hearing, the judge may admit evidence or testimony that relates to matters not disclosed under this chapter if the admission would not deprive the person of a fair opportunity to contest the evidence or testimony.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 4, eff. May 23, 1997.
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 G. Court Orders for Management of Persons With Communicable Diseases › Section 81.157. District Court Jurisdiction

Sec. 81.157.  DISTRICT COURT JURISDICTION.  (a)  A proceeding under this chapter must be held in a district court of the county in which the person is found, resides, or is receiving court-ordered health services.
(b)  If a person subject to an order for temporary management is receiving services in a county other than the county in which the court that entered the temporary order is located and requires extended management, the county in which the temporary order was issued shall pay the expenses of transporting the person back to the county for the hearing unless the court that entered the temporary order arranges with the appropriate court in the county in which the person is receiving services to hold the hearing on the application for extended order before the temporary order expires.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 5, eff. May 23, 1997.
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 G. Court Orders for Management of Persons With Communicable Diseases › Section 81.158. Affidavit of Medical Evaluation

Sec. 81.158.  AFFIDAVIT OF MEDICAL EVALUATION.  (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 or is reasonably suspected of being infected with 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 himself;  or
(ii)  will, if not examined, observed, or treated, continue to endanger public health.
(b)  The department or health authority must specify in the affidavit each criterion listed in Subsection (a)(7)(B) that in the opinion of the department or health authority applies to the person.
(c)  If the affidavit is offered in support of an application for extended management, the affidavit must also include the department's or health authority's opinion that the examined person's condition is expected to continue for more than 90 days.
(d)  If the affidavit is offered in support of a motion for a protective custody order, the affidavit must also include the department's or health authority's opinion that the examined person presents a substantial risk of serious harm to himself or others if not immediately restrained.  The harm may be demonstrated by the examined person's behavior to the extent that the examined person cannot remain at liberty.
(e)  The affidavit must include the detailed basis for each of the department's or health authority's opinions under this section.
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 G. Court Orders for Management of Persons With Communicable Diseases › Section 81.159. Designation of Facility

Sec. 81.159.  DESIGNATION OF FACILITY.  (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 having a communicable disease.  However, the commissioner may not designate:
(1)  a nursing facility or custodial care home required to be licensed under Chapter 242; or
(2)  an ICF-IID required to be licensed under Chapter 252.
(b)  The health authority shall select a designated facility in the county in which the application is filed.  If no facility is designated in the county, the commissioner shall select the facility.
(c)  This section does not relieve a county of its responsibility under other provisions of this chapter or applicable law for providing health care services.
(d)  A designated facility must comply with this section only to the extent that the commissioner determines that the facility has sufficient resources to perform the necessary services.
(e)  This section does not apply to a person for whom treatment in a private health facility is proposed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 6, eff. May 23, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 14.07, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0242, 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 G. Court Orders for Management of Persons With Communicable Diseases › Section 81.160. Liberty Pending Hearing

Sec. 81.160.  LIBERTY PENDING HEARING.  The person who is the subject of an application for management is entitled to remain at liberty pending the hearing on the application unless the person is detained under an appropriate provision of this chapter.
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 G. Court Orders for Management of Persons With Communicable Diseases › Section 81.161. Motion for Order of Protective Custody

Sec. 81.161.  MOTION FOR ORDER OF PROTECTIVE CUSTODY.  (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 with a communicable disease is pending.
(b)  The motion may be filed by the municipal, county, or district attorney on behalf of the health authority.  The motion shall be filed by the attorney general at the request of the department.
(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 conduct of the person who is the subject of the motion;  or
(C)  the circumstances under which the person is found.
(d)  The motion must be accompanied by an affidavit of medical evaluation.
(e)  The judge of the court in which the application is pending may designate a magistrate to issue protective custody orders in the judge's absence.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 7, eff. May 23, 1997.
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 G. Court Orders for Management of Persons With Communicable Diseases › Section 81.163. Apprehension Under Order

Sec. 81.163.  APPREHENSION UNDER ORDER.  (a)  A protective custody order shall direct a peace officer, including a sheriff or constable, to take the person who is the subject of the order into protective custody and transport the person immediately to an appropriate inpatient health facility that has been designated by the commissioner as a suitable place.
(b)  If an appropriate inpatient health facility is not available, the person shall be transported to a facility considered suitable by the health authority.
(c)  The person shall be detained in the facility until a hearing is held under Section 81.165.
(d)  A facility must comply with this section only to the extent that the commissioner determines that the facility has sufficient resources to perform the necessary services.
(e)  A person may not be detained in a private health facility without the consent of the head of the facility.
(f)  A protective custody order issued under Section 81.162 may direct an emergency medical services provider to provide an ambulance and staff to immediately transport the person who is the subject of the order to an appropriate inpatient health facility designated by the order or other suitable facility.  The provider may seek reimbursement for the costs of the transport from any appropriate source.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 314 (H.B. 1690), Sec. 6, eff. June 14, 2013.
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 G. Court Orders for Management of Persons With Communicable Diseases › Section 81.164. Appointment of Attorney

Sec. 81.164.  APPOINTMENT OF ATTORNEY.  (a)  The judge or designated magistrate shall appoint an attorney to represent a person who is the subject of a protective custody order who does not have an attorney when the order is signed.
(b)  Within a reasonable time before a hearing is held under Section 81.165, the court that ordered the protective custody shall provide the person and the person's attorney with a written notice that states:
(1)  that the person has been placed under a protective custody order;
(2)  the grounds for the order;  and
(3)  the time and place of the hearing to determine probable cause.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.