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 G. Court Orders for Management of Persons With Communicable Diseases › Section 81.192. Continuing Care Plan Before Discharge

Sec. 81.192.  CONTINUING CARE PLAN BEFORE DISCHARGE.  The health authority or department, in consultation with the person, shall prepare a continuing care plan for a person who is scheduled to be discharged if the person requires continuing care.
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 81.193. Pass From Inpatient Care

Sec. 81.193.  PASS FROM INPATIENT CARE.  (a)  The head of a facility may permit a person admitted to the facility under order for extended inpatient management of a person with a communicable disease to leave the facility under a pass.
(b)  A pass authorizes the person to leave the facility for not more than 72 hours.
(c)  The pass may be subject to specified conditions.
(d)  A pass may not be authorized without the concurrence of the health authority or department.
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 81.194. Return to Facility

Sec. 81.194.  RETURN TO FACILITY.  (a)  If a person is permitted to leave a facility under Section 81.193, the head of the facility may have the person taken into custody, detained, and returned to the facility by:
(1)  signing a certificate authorizing the person's return;  or
(2)  filing the certificate with a magistrate and requesting the magistrate to order the person's return.
(b)  The health authority or department may also have a person returned by signing the certificate authorized by Subsection (a)(1).
(c)  A magistrate may issue an order directing a peace officer to take a person into custody and return the person to the facility if the head of the facility, health authority, or department files the certificate as prescribed by this section.
(d)  The head of the facility, health authority, or department may sign or file the certificate on a reasonable belief that:
(1)  the person is absent without authority from the facility;
(2)  the person has violated the conditions of a pass;  or
(3)  the person's condition has deteriorated to the extent that the person's continued absence from the facility under a pass is inappropriate.
(e)  A peace officer shall take the person into custody and return the person to the facility as soon as possible if the person's return is authorized by the certificate or the court order.
(f)  The peace officer may take the person into custody without having the certificate or court order in the officer's possession.
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 81.195. Discharge on Expiration of Court Order

Sec. 81.195.  DISCHARGE ON EXPIRATION OF COURT ORDER.  The head of a facility to which a person was committed or from which a person was required to receive temporary or extended inpatient or outpatient health services shall discharge the person when the court order expires.
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 81.196. Discharge Before Expiration of Court Order

Sec. 81.196.  DISCHARGE BEFORE EXPIRATION OF COURT ORDER.  (a)  The health authority or department may direct the head of a facility to which a person was committed for inpatient health services or that provides outpatient health services to discharge the person at any time before the court order expires if the health authority or department determines that the person no longer meets the criteria for court-ordered health services.
(b)  The health authority or department shall consider before discharging the person whether the person should receive outpatient health services in accordance with:
(1)  a court order;  or
(2)  a modified order under Section 81.182 that directs the person to participate in outpatient health services.
(c)  A discharge under Subsection (a) terminates the court order.
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 81.197. Certificate of Discharge

Sec. 81.197.  CERTIFICATE OF DISCHARGE.  Before a person is discharged under Section 81.195 or 81.196, the health authority or department shall prepare a discharge certificate, file it with the court that entered the order, and notify the head of the facility.
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 81.198. Authorization for Admission

Sec. 81.198.  AUTHORIZATION FOR ADMISSION.  The head of a health care facility may admit and detain a person under the procedures prescribed by this subchapter.
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 81.199. Transfer to Federal Facility

Sec. 81.199.  TRANSFER TO FEDERAL FACILITY.  The health authority or department may authorize the head of a health care facility to transfer a person to a federal agency if:
(1)  the federal agency sends notice that facilities are available and that the patient is eligible for care or treatment in the facility;
(2)  notice of the transfer is sent to the committing court;  and
(3)  the committing court enters an order approving the transfer.
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 81.200. Transfer of Records

Sec. 81.200.  TRANSFER OF RECORDS.  The head of the transferring inpatient health care facility shall send the person's appropriate medical records, or a copy of the records, to the head of the health care facility to which the person is transferred.
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 81.201. Writ of Habeas Corpus

Sec. 81.201.  WRIT OF HABEAS CORPUS.  This subchapter does not limit a person's right to obtain a writ of habeas corpus.
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 81.202. Effect on Guardianship

Sec. 81.202.  EFFECT ON GUARDIANSHIP.  This subchapter, or an action taken or a determination made under this subchapter, does not affect a guardianship established under law.
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 81.203. Confidentiality of Records

Sec. 81.203.  CONFIDENTIALITY OF RECORDS.  Records of a health care facility that directly or indirectly identify a present, former, or proposed patient are confidential unless disclosure is permitted by this chapter or other state law.
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 81.204. Rights Subject to Limitation by Head of Facility

Sec. 81.204.  RIGHTS SUBJECT TO LIMITATION BY HEAD OF FACILITY.  (a)  A person in an inpatient health care facility has the right to:
(1)  receive visitors;
(2)  communicate with a person outside the facility;  and
(3)  communicate by uncensored and sealed mail with legal counsel, the department, the courts, and the state attorney general.
(b)  The rights provided in Subsection (a) are subject to facility rules.  The head of the facility may restrict a right to the extent the head of the facility determines that the restriction is necessary to the public health or the person's welfare but may not restrict the right to communicate with legal counsel if an attorney-client relationship has been established.
(c)  A restriction imposed by the head of the facility for the public health or the person's welfare and the reasons for the restriction shall be made a part of the person's clinical record.
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 81.205. Notification of Rights

Sec. 81.205.  NOTIFICATION OF RIGHTS.  A person receiving inpatient health services shall be informed of the rights provided by Section 81.206:
(1)  orally, in simple, nontechnical terms;
(2)  in writing that, if possible, is in the person's primary language;  and
(3)  through the use of a means reasonably calculated to communicate with a hearing impaired or visually impaired person, if applicable.
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 81.206. General Rights Relating to Treatment

Sec. 81.206.  GENERAL RIGHTS RELATING TO TREATMENT.  A person receiving health services under this subchapter has the right to:
(1)  appropriate treatment for the person's illness in an appropriate setting consistent with the protection of the person and the community;
(2)  not receive unnecessary or excessive medication;
(3)  refuse to participate in a research program;  and
(4)  a humane treatment environment that provides reasonable protection from harm and appropriate privacy for personal needs.
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 81.207. Adequacy of Treatment

Sec. 81.207.  ADEQUACY OF TREATMENT.  (a)  The head of an inpatient health care facility shall provide adequate medical care and treatment to every patient in accordance with accepted standards of medical practice.
(b)  The head of the facility is responsible for the detention of the patient and for providing suitable security to prevent the patient from transmitting the communicable disease.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 31, 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 81.208. Periodic Examination

Sec. 81.208.  PERIODIC EXAMINATION.  The head of a health care facility is responsible for the examination by a physician of each person admitted to the facility under this subchapter at least once every seven days and more frequently as necessary.
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 81.209. Use of Physical Restraint

Sec. 81.209.  USE OF PHYSICAL RESTRAINT.  (a)  A physical restraint may not be applied to a person unless a physician prescribes the restraint.
(b)  A physical restraint shall be removed as soon as possible.
(c)  Each use of a physical restraint and the reason for the use shall be made a part of the patient's clinical record.  The physician who prescribed the restraint shall sign the record.
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 81.210. Costs

Sec. 81.210.  COSTS.  (a)  A county shall pay the costs for a hearing or proceeding under this subchapter if a health authority:
(1)  initiates an application for a court order under Section 81.151;  or
(2)  has an application for court-ordered management transferred to it under Section 81.157.
(b)  Costs under this section include:
(1)  attorney's fees;
(2)  physician examination fees;
(3)  compensation for court-ordered personal services;
(4)  security;  and
(5)  expenses of transportation to a designated facility.
(c)  A county is entitled to reimbursement for costs actually paid by the county from:
(1)  the person who is the subject of the application;  or
(2)  a person or estate liable for the person's support.
(d)  The department shall pay the costs of returning a person absent without authorization unless the person is able to pay the costs.
Added by Acts 1997, 75th Leg., ch. 242, Sec. 19 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 81.211. Filing and Status of Foreign Court Orders

Sec. 81.211.  FILING AND STATUS OF FOREIGN COURT ORDERS.  (a)  In the case of a person who is not a resident of this state and who may be admitted to a public health hospital in accordance with Section 13.046, the attorney general, at the request of the department, shall file a copy of an order issued by a court of another state that authorizes the commitment of the person to a health care facility for inpatient care in the manner provided by Chapter 35, Civil Practice and Remedies Code, for enforcement of foreign judgments.
(b)  The application must be filed with the district court in the county in which the public health hospital to which the person will be admitted is located.
(c)  A filed foreign court order that authorizes the commitment of a person to a health care facility for inpatient care may be enforced in the same manner as a court order of the court in which it is filed.
(d)  A foreign court order that authorizes the commitment of a person to a health care facility for inpatient care is subject to the contractual agreement with the foreign state entered into under Section 13.046.
Added by Acts 2003, 78th Leg., ch. 107, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0245, 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 81.212. Evading or Resisting Apprehension or Transport; Criminal Penalty

Sec. 81.212.  EVADING OR RESISTING APPREHENSION OR TRANSPORT; CRIMINAL PENALTY. (a) A person who is subject to a protective custody order or temporary detention order issued by a court under this subchapter commits an offense if the person resists or evades apprehension by a sheriff, constable, or other peace officer enforcing the order or resists or evades transport to an appropriate inpatient health care facility or other suitable facility under the order.
(b)  A person commits an offense if the person assists a person who is subject to a protective custody order or temporary detention order issued by a court under this subchapter in resisting or evading apprehension by a sheriff, constable, or other peace officer enforcing the order or in resisting or evading transport to an appropriate inpatient health care facility or other suitable facility under the order.
(c)  An offense under this section is a Class A misdemeanor.
Added by Acts 2013, 83rd Leg., R.S., Ch. 314 (H.B. 1690), Sec. 9, 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 H. Bloodborne Pathogen Exposure Control Plan › Section 81.301. Definitions

Sec. 81.301.  DEFINITIONS.  In this subchapter:
(1)  "Bloodborne pathogens" means pathogenic microorganisms that are present in human blood and that can cause diseases in humans.  The term includes hepatitis B virus, hepatitis C virus, and human immunodeficiency virus.
(2)  "Engineered sharps injury protection" means:
(A)  a physical attribute that is built into a needle device used for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids and that effectively reduces the risk of an exposure incident by a mechanism such as barrier creation, blunting, encapsulation, withdrawal, retraction, destruction, or another effective mechanism;  or
(B)  a physical attribute built into any other type of needle device, into a nonneedle sharp, or into a nonneedle infusion safety securement device that effectively reduces the risk of an exposure incident.
(3)  "Governmental unit" means:
(A)  this state and any agency of the state, including a department, bureau, board, commission, or office;
(B)  a political subdivision of this state, including any municipality, county, or special district;  and
(C)  any other institution of government, including an institution of higher education.
(4)  "Needleless system" means a device that does not use a needle and that is used:
(A)  to withdraw body fluids after initial venous or arterial access is established;
(B)  to administer medication or fluids;  or
(C)  for any other procedure involving the potential for an exposure incident.
(5)  "Sharp" means an object used or encountered in a health care setting that can be reasonably anticipated to penetrate the skin or any other part of the body and to result in an exposure incident, including a needle device, a scalpel, a lancet, a piece of broken glass, a broken capillary tube, an exposed end of a dental wire, or a dental knife, drill, or bur.
(6)  "Sharps injury" means any injury caused by a sharp, including a cut, abrasion, or needlestick.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 26.01, 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 H. Bloodborne Pathogen Exposure Control Plan › Section 81.302. Applicability of Subchapter

Sec. 81.302.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a governmental unit that employs employees who:
(1)  provide services in a public or private facility providing health care-related services, including a home health care organization;  or
(2)  otherwise have a risk of exposure to blood or other material potentially containing bloodborne pathogens in connection with exposure to sharps.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 26.01, 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 H. Bloodborne Pathogen Exposure Control Plan › Section 81.303. Exposure Control Plan

Sec. 81.303.  EXPOSURE CONTROL PLAN.  The department shall establish an exposure control plan designed to minimize exposure of employees described by Section 81.302 to bloodborne pathogens.  In developing the plan, the department must consider:
(1)  policies relating to occupational exposure to bloodborne pathogens;
(2)  training and educational requirements for employees;
(3)  measures to increase vaccinations of employees;  and
(4)  increased use of personal protective equipment by employees.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 26.01, 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 H. Bloodborne Pathogen Exposure Control Plan › Section 81.304. Minimum Standards

Sec. 81.304.  MINIMUM STANDARDS.  The executive commissioner by rule shall adopt minimum standards to implement the exposure control plan and the other provisions of this subchapter.  The rules shall be analogous to standards adopted by the federal Occupational Safety and Health Administration.  Each governmental unit shall comply with the minimum standards adopted under this subchapter.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 26.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0246, 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 H. Bloodborne Pathogen Exposure Control Plan › Section 81.305. Needleless Systems

Sec. 81.305.  NEEDLELESS SYSTEMS.  (a)  The executive commissioner by rule shall recommend that governmental units implement needleless systems and sharps with engineered sharps injury protection for employees.
(b)  The recommendation adopted under Subsection (a) does not apply to the use of a needleless system or sharps with engineered sharps injury protection in circumstances and in a year in which an evaluation committee has established that the use of needleless systems and sharps with engineered sharps injury protection will jeopardize patient or employee safety with regard to a specific medical procedure or will be unduly burdensome.  A report of the committee's decision shall be submitted to the department annually.
(c)  At least half of the members of an evaluation committee established by a governmental unit to implement Subsection (b) must be employees who are health care workers who have direct contact with patients or provide services on a regular basis.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 26.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0247, 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 H. Bloodborne Pathogen Exposure Control Plan › Section 81.306. Sharps Injury Log

Sec. 81.306.  SHARPS INJURY LOG.  (a)  The executive commissioner by rule shall require that information concerning exposure incidents be recorded in a written or electronic sharps injury log to be maintained by a governmental unit.  This information must be reported to the department and must include:
(1)  the date and time of the exposure incident;
(2)  the type and brand of sharp involved in the exposure incident; and
(3)  a description of the exposure incident, including:
(A)  the job classification or title of the exposed employee;
(B)  the department or work area where the exposure incident occurred;
(C)  the procedure that the exposed employee was performing at the time of the incident;
(D)  how the incident occurred;
(E)  the employee's body part that was involved in the exposure incident; and
(F)  whether the sharp had engineered sharps injury protection and, if so, whether the protective mechanism was activated and whether the injury occurred before, during, or after the activation of the protective mechanism.
(b)  Information regarding which recommendations under Section 81.305(a) were adopted by the governmental entity shall be included in the log.
(c)  All information and materials obtained or compiled by the department in connection with a report under this section are confidential and not subject to disclosure under Chapter 552, Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release by the department.  The department shall make available, in aggregate form, the information described in Section 81.305(b) and this section, provided that the name and other information identifying the facility is deleted and the information is provided according to public health regions established by the executive commissioner.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 26.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0248, 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 I. Animal-Borne Diseases › Section 81.351. Definition

Sec. 81.351.  DEFINITION.  In this subchapter, "pet store" means a retail store that sells animals as pets.
Added by Acts 2001, 77th Leg., ch. 1228, Sec. 1, eff. Sept. 1, 2001.
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 I. Animal-Borne Diseases › Section 81.352. Warning Sign Required; Rules

Sec. 81.352.  WARNING SIGN REQUIRED;  RULES.  (a)  The owner or operator of a pet store that sells reptiles shall:
(1)  post a sign warning of reptile-associated salmonellosis in accordance with department rules;  and
(2)  ensure that a written warning related to reptile-associated salmonellosis is provided to each purchaser of a reptile.
(b)  The executive commissioner shall adopt rules to govern:
(1)  the form and content of the sign required by Subsection (a) and the manner and place of posting of the sign; and
(2)  the form and content of the written warning required by Subsection (a).
Added by Acts 2001, 77th Leg., ch. 1228, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0250, 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 I. Animal-Borne Diseases › Section 81.353. Administrative Penalty

Sec. 81.353.  ADMINISTRATIVE PENALTY.  (a)  The department may assess an administrative penalty if a person violates this subchapter or a rule adopted under this subchapter.
(b)  In determining the amount of the penalty, the department shall consider:
(1)  the person's previous violations;
(2)  the seriousness of the violation;
(3)  any hazard to the health and safety of the public;
(4)  the person's demonstrated good faith;  and
(5)  such other matters as justice may require.
(c)  The penalty may not exceed $500 for each month a violation continues.
(d)  The enforcement of the penalty may be stayed during the time the order is under judicial review if the person pays the penalty to the clerk of the court or files a supersedeas bond with the court in the amount of the penalty.  A person who cannot afford to pay the penalty or file the bond may stay the enforcement by filing an affidavit in the manner required by the Texas Rules of Civil Procedure for a party who cannot afford to file security for costs, subject to the right of the department to contest the affidavit as provided by those rules.
(e)  The attorney general may sue to collect the penalty.
(f)  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code.
Added by Acts 2001, 77th Leg., ch. 1228, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0251, 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 J. Task Force on Infectious Disease Preparedness and Response › Section 81.401. Definition

Sec. 81.401.  DEFINITION.  In this subchapter, "task force" means the Task Force on Infectious Disease Preparedness and Response.
Added by Acts 2015, 84th Leg., R.S., Ch. 1099 (H.B. 2950), Sec. 1, eff. June 19, 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 J. Task Force on Infectious Disease Preparedness and Response › Section 81.402. Purpose and Findings

Sec. 81.402.  PURPOSE AND FINDINGS.  The legislature finds that:
(1)  infectious diseases are responsible for more deaths worldwide than any other single cause;
(2)  the State of Texas has a responsibility to safeguard and protect the health and well-being of its citizens from the spread of infectious diseases;
(3)  on September 30, 2014, the first case of Ebola diagnosed in the United States occurred in Dallas, Texas;
(4)  addressing infectious diseases requires the coordination and cooperation of multiple governmental entities at the local, state, and federal levels;
(5)  public health and medical preparedness and response guidelines are crucial to protect the safety and welfare of our citizens; and
(6)  Texas has nationally recognized infectious disease experts and other highly trained professionals across the state with the experience needed to minimize any potential risk to the people of Texas.
Added by Acts 2015, 84th Leg., R.S., Ch. 1099 (H.B. 2950), Sec. 1, eff. June 19, 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 J. Task Force on Infectious Disease Preparedness and Response › Section 81.403. Task Force; Duties

Sec. 81.403.  TASK FORCE; DUTIES.  (a)  The Task Force on Infectious Disease Preparedness and Response is created as an advisory panel to the governor.
(b)  The task force shall:
(1)  provide expert, evidence-based assessments, protocols, and recommendations related to state responses to infectious diseases, including Ebola; and
(2)  serve as a reliable and transparent source of information and education for Texas leadership and citizens.
Added by Acts 2015, 84th Leg., R.S., Ch. 1099 (H.B. 2950), Sec. 1, eff. June 19, 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 J. Task Force on Infectious Disease Preparedness and Response › Section 81.404. Appointment of Members; Terms

Sec. 81.404.  APPOINTMENT OF MEMBERS; TERMS.  (a)  The governor may appoint members of the task force as necessary, including members from relevant state agencies, members with expertise in infectious diseases and other issues involved in the prevention of the spread of infectious diseases, and members from institutions of higher education in this state.  The governor shall appoint to the task force:
(1)  at least one member who is a county judge of a county with a population of less than 100,000;
(2)  at least one member who is a county judge of a county with a population of 100,000 or more;
(3)  at least one member who is a representative of a local health authority serving a rural area;
(4)  at least one member who is a representative of a local health authority serving an urban area;
(5)  at least one member who is a licensed nurse;
(6)  at least one member who is emergency medical services personnel, as defined by Section 773.003; and
(7)  at least one member who is an epidemiologist.
(b)  The governor shall appoint a director of the task force from among the members of the task force.
(c)  The governor may fill any vacancy that occurs on the task force and may appoint additional members as needed.
(d)  Members of the task force serve at the pleasure of the governor.
(e)  A state or local employee appointed to the task force shall perform any duties required by the task force in addition to the regular duties of the employee.
Added by Acts 2015, 84th Leg., R.S., Ch. 1099 (H.B. 2950), Sec. 1, eff. June 19, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 866 (S.B. 984), 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 J. Task Force on Infectious Disease Preparedness and Response › Section 81.405. Reports

Sec. 81.405.  REPORTS.  The task force may make written reports on its findings and recommendations, including legislative recommendations, to the governor and legislature.
Added by Acts 2015, 84th Leg., R.S., Ch. 1099 (H.B. 2950), Sec. 1, eff. June 19, 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 J. Task Force on Infectious Disease Preparedness and Response › Section 81.406. Meetings

Sec. 81.406.  MEETINGS.  (a)  The task force shall meet:
(1)  at least once each year at a location determined by the task force director; and
(2)  at other times and locations as determined by the task force director.
(b)  The task force may meet telephonically in accordance with Section 551.125(b)(3), Government Code.
(c)  The task force may hold public hearings to gather information.  The task force shall endeavor to meet in various parts of the state to encourage local input.
(d)  Notwithstanding Section 551.144, Government Code, or any other law, the task force may hold a closed meeting to discuss matters that are confidential by state or federal law or to ensure public security or law enforcement needs.  A closed meeting held as provided by this subsection must be held as otherwise provided by Chapter 551, Government Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 1099 (H.B. 2950), Sec. 1, eff. June 19, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 866 (S.B. 984), 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 J. Task Force on Infectious Disease Preparedness and Response › Section 81.407. Administrative Support

Sec. 81.407.  ADMINISTRATIVE SUPPORT.  State agencies with members on the task force shall provide administrative support for the task force.
Added by Acts 2015, 84th Leg., R.S., Ch. 1099 (H.B. 2950), Sec. 1, eff. June 19, 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 J. Task Force on Infectious Disease Preparedness and Response › Section 81.408. Reimbursement

Sec. 81.408.  REIMBURSEMENT.  Task force members serve without compensation and are not entitled to reimbursement for travel expenses.
Added by Acts 2015, 84th Leg., R.S., Ch. 1099 (H.B. 2950), Sec. 1, eff. June 19, 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 81B - Prohibited Coronavirus Preventative Measures › Section 81B.001. Definitions

Sec. 81B.001.  DEFINITIONS.  In this chapter:
(1)  "COVID-19" means the 2019 novel coronavirus disease and any variants of the disease.
(2)  "Governmental entity" means this state, a local government entity as defined by Section 418.004, Government Code, an open-enrollment charter school, or an agency of this state or a local government entity.
Added by Acts 2023, 88th Leg., R.S., Ch. 336 (S.B. 29), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81B - Prohibited Coronavirus Preventative Measures › Section 81B.002. Prohibited Face-Covering Mandate

Sec. 81B.002.  PROHIBITED FACE-COVERING MANDATE.  (a)  Except as provided by Subsection (b), a governmental entity may not implement, order, or otherwise impose a mandate requiring a person to wear a face mask or other face covering to prevent the spread of COVID-19.
(b)  The limitation prescribed by Subsection (a) does not apply to an order or mandate that relates to:
(1)  a state supported living center, as defined by Section 531.002, subject to any applicable rule or guidance prescribed by the commission that conflicts with that limitation;
(2)  a facility operated by the Texas Department of Criminal Justice or the Texas Juvenile Justice Department or a municipal or county jail, subject to any applicable rule or guidance prescribed by the Commission on Jail Standards that conflicts with that limitation; or
(3)  a hospital or other health care facility owned by a governmental entity, including a hospital or other health care clinic operated by or associated with an institution of higher education, as that term is defined by Section 61.003, Education Code, subject to any applicable order, ordinance, or guidance prescribed by that governmental entity that conflicts with that limitation.
Added by Acts 2023, 88th Leg., R.S., Ch. 336 (S.B. 29), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81B - Prohibited Coronavirus Preventative Measures › Section 81B.003. Prohibited Vaccine Mandate

Sec. 81B.003.  PROHIBITED VACCINE MANDATE.  (a)  Except as provided by Subsection (b), a governmental entity may not implement, order, or otherwise impose a mandate requiring a person to be vaccinated against COVID-19.
(b)  The prohibition under Subsection (a) applies only to the extent the prohibition does not conflict with the final rule adopted by the Centers for Medicare and Medicaid Services and published at 86 Fed. Reg. 61555 (November 5, 2021).
Added by Acts 2023, 88th Leg., R.S., Ch. 336 (S.B. 29), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81B - Prohibited Coronavirus Preventative Measures › Section 81B.004. Prohibited Closure Mandate for Private Businesses and Schools

Sec. 81B.004.  PROHIBITED CLOSURE MANDATE FOR PRIVATE BUSINESSES AND SCHOOLS.  A governmental entity may not implement, order, or otherwise impose a mandate requiring the closure of a private business, public school, open-enrollment charter school, or private school to prevent the spread of COVID-19.
Added by Acts 2023, 88th Leg., R.S., Ch. 336 (S.B. 29), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81B - Price Gouging of Medical Staffing Services During Designated Public Health Disaster Period › Section 81B.001. Definition

Sec. 81B.001.  DEFINITION.  In this chapter, "designated public health disaster period" means a period:
(1)  based on a threat to the public health, including a threat from:
(A)  a chemical, biological, explosive, nuclear, or radiological attack or incident; or
(B)  a communicable disease, epidemic, or pandemic;
(2)  beginning on the earlier of the date:
(A)  the governor issues a proclamation or executive order declaring a state of disaster under Chapter 418, Government Code, for any area of this state;
(B)  the president of the United States declares a state of disaster that includes an area of this state as part of the federally declared disaster area; or
(C)  a disaster described by Paragraph (A) or (B) occurs; and
(3)  ending on the 30th day after the date the disaster declaration expires or is terminated.
Added by Acts 2023, 88th Leg., R.S., Ch. 1029 (S.B. 401), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81B - Price Gouging of Medical Staffing Services During Designated Public Health Disaster Period › Section 81B.002. Applicability

Sec. 81B.002.  APPLICABILITY.  This chapter applies only to a medical staffing services agency that provides the following health care professionals to fill vacancies or address temporary staffing needs during a designated public health disaster period:
(1)  physician assistants licensed under Chapter 204, Occupations Code;
(2)  surgical assistants licensed under Chapter 206, Occupations Code;
(3)  nurses licensed under Chapter 301, Occupations Code; or
(4)  nurse aides listed in the nurse aide registry under Chapter 250.
Added by Acts 2023, 88th Leg., R.S., Ch. 1029 (S.B. 401), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81B - Price Gouging of Medical Staffing Services During Designated Public Health Disaster Period › Section 81B.003. Prohibited Price Gouging During Designated Public Health Disaster Period

Sec. 81B.003.  PROHIBITED PRICE GOUGING DURING DESIGNATED PUBLIC HEALTH DISASTER PERIOD.  During a designated public health disaster period, a medical staffing services agency to which this chapter applies may not, in an area subject to the declared state of disaster:
(1)  provide medical staffing services to a health care organization or other entity in this state at an exorbitant or excessive price; or
(2)  demand or charge an exorbitant or excessive price to provide medical staffing services to a health care organization or other entity in this state.
Added by Acts 2023, 88th Leg., R.S., Ch. 1029 (S.B. 401), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81B - Price Gouging of Medical Staffing Services During Designated Public Health Disaster Period › Section 81B.004. Civil Penalty; Injunction

Sec. 81B.004.  CIVIL PENALTY; INJUNCTION.  (a)  A medical staffing services agency that violates this chapter is subject to a civil penalty in an amount not to exceed $10,000 for each violation.
(b)  The consumer protection division of the office of the attorney general may bring an action in the name of the state to:
(1)  recover a civil penalty under this section; or
(2)  temporarily or permanently restrain or enjoin the person from violating this chapter.
(c)  The consumer protection division of the office of the attorney general may recover reasonable expenses incurred in obtaining a civil penalty under this section, including court costs, reasonable attorney's fees, expert witness fees, deposition expenses, and investigatory costs.
(d)  An action under this section may be brought:
(1)  in a district court of the county in which:
(A)  the defendant resides;
(B)  the defendant's principal place of business is located;
(C)  the defendant conducts business; or
(D)  the transaction giving rise to the claim occurred; or
(2)  on the consent of the parties, in a district court of Travis County.
Added by Acts 2023, 88th Leg., R.S., Ch. 1029 (S.B. 401), Sec. 1, eff. September 1, 2023.