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 81D - Prohibited Coronavirus Vaccine Mandates by Private Employer › Section 81D.001. Definitions

Sec. 81D.001.  DEFINITIONS.  In this chapter:
(1)  "Adverse action" means an action taken by an employer that a reasonable person would consider was for the purpose of punishing, alienating, or otherwise adversely affecting an employee, contractor, applicant for employment, or applicant for a contract position.
(2)  "Commission" means the Texas Workforce Commission.
(3)  "Contractor" means a person who undertakes specific work for an employer in exchange for a benefit without submitting to the control of the employer over the manner, methods, or details of the work.
(4)  "COVID-19" means the 2019 novel coronavirus disease and any variants of the disease.
(5)  "Employer" means a person, other than a governmental entity, who employs one or more employees.
Added by Acts 2023, 88th Leg., 3rd C.S., Ch. 1 (S.B. 7), Sec. 1, eff. February 6, 2024.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81D - Prohibited Coronavirus Vaccine Mandates by Private Employer › Section 81D.002. Employer Coronavirus Vaccine Mandates Prohibited

Sec. 81D.002.  EMPLOYER CORONAVIRUS VACCINE MANDATES PROHIBITED.  An employer may not adopt or enforce a mandate requiring an employee, contractor, applicant for employment, or applicant for a contract position to be vaccinated against COVID-19 as a condition of employment or a contract position.
Added by Acts 2023, 88th Leg., 3rd C.S., Ch. 1 (S.B. 7), Sec. 1, eff. February 6, 2024.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81D - Prohibited Coronavirus Vaccine Mandates by Private Employer › Section 81D.003. Prohibited Adverse Action by Employer

Sec. 81D.003.  PROHIBITED ADVERSE ACTION BY EMPLOYER.  An employer may not take an adverse action against an employee, contractor, applicant for employment, or applicant for a contract position for a refusal to be vaccinated against COVID-19.
Added by Acts 2023, 88th Leg., 3rd C.S., Ch. 1 (S.B. 7), Sec. 1, eff. February 6, 2024.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81D - Prohibited Coronavirus Vaccine Mandates by Private Employer › Section 81D.0035. Adverse Action Exception for Certain Health Care Facilities, Health Care Providers, and Physicians

Sec. 81D.0035.  ADVERSE ACTION EXCEPTION FOR CERTAIN HEALTH CARE FACILITIES, HEALTH CARE PROVIDERS, AND PHYSICIANS.  (a)  In this section:
(1)  "Health care facility" means a facility that is a provider of services, as defined by Section 1861, Social Security Act (42 U.S.C. Section 1395x).
(2)  "Health care provider" and "physician" have the meanings assigned by Section 74.001, Civil Practice and Remedies Code.
(b)  A health care facility, health care provider, or physician may establish and enforce a reasonable policy that includes requiring the use of protective medical equipment by an individual who is an employee or contractor of the facility, provider, or physician and who is not vaccinated against COVID-19 based on the level of risk the individual presents to patients from the individual's routine and direct exposure to patients.
(c)  Establishing or enforcing a policy described by Subsection (b) is not considered an adverse action under this chapter.
Added by Acts 2023, 88th Leg., 3rd C.S., Ch. 1 (S.B. 7), Sec. 1, eff. February 6, 2024.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81D - Prohibited Coronavirus Vaccine Mandates by Private Employer › Section 81D.004. Complaint; Investigation

Sec. 81D.004.  COMPLAINT; INVESTIGATION.  (a)  An employee, contractor, applicant for employment, or applicant for a contract position against whom an employer took an adverse action in violation of this chapter may file a complaint with the commission in the form and manner prescribed by commission rules.
(b)  A complaint filed with the commission must include the following information:
(1)  the name of the complainant;
(2)  the name of the employer; and
(3)  the nature and description of any alleged adverse action the employer took against the complainant.
(c)  On receipt of a complaint under Subsection (a), the commission shall conduct an investigation to determine whether the employer took an adverse action against the complainant because of the complainant's refusal to be vaccinated against COVID-19.  For a complaint against a health care facility, health care provider, or physician, the commission shall consult with the department in determining if a policy adopted under Section 81D.0035 was reasonable.
Added by Acts 2023, 88th Leg., 3rd C.S., Ch. 1 (S.B. 7), Sec. 1, eff. February 6, 2024.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81D - Prohibited Coronavirus Vaccine Mandates by Private Employer › Section 81D.005. Injunctive Relief

Sec. 81D.005.  INJUNCTIVE RELIEF.  (a)  On receipt of a complaint filed under Section 81D.004, the commission may request that the attorney general bring an action for injunctive relief against the employer to prevent further violations of this chapter by the employer.  The action must be filed in a district court in:
(1)  Travis County; or
(2)  the county in which the alleged adverse action occurred.
(b)  In an injunction issued under Subsection (a), a court may include reasonable requirements to prevent further violations of this chapter.
Added by Acts 2023, 88th Leg., 3rd C.S., Ch. 1 (S.B. 7), Sec. 1, eff. February 6, 2024.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81D - Prohibited Coronavirus Vaccine Mandates by Private Employer › Section 81D.006. Administrative Penalty

Sec. 81D.006.  ADMINISTRATIVE PENALTY.  (a)  The commission shall impose on an employer who violates this chapter an administrative penalty in an amount equal to $50,000 for each violation, unless the employer, as applicable:
(1)  hires the applicant for employment or offers a contract to the applicant for a contract position; or
(2)  reinstates the employee or contractor and provides the employee or contractor with back pay from the date the employer took the adverse action and makes every reasonable effort to reverse the effects of the adverse action, including reestablishing employee benefits for which the employee or contractor otherwise would have been eligible if the adverse action had not been taken.
(b)  If, following an investigation under Section 81D.004, the commission determines that the employer violated this chapter, the commission may recover from the employer reasonable investigative costs incurred by the commission in conducting the investigation, regardless of whether the employer has taken an action described by Subsection (a)(1) or (2).
Added by Acts 2023, 88th Leg., 3rd C.S., Ch. 1 (S.B. 7), Sec. 1, eff. February 6, 2024.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81D - Prohibited Coronavirus Vaccine Mandates by Private Employer › Section 81D.007. Rules

Sec. 81D.007.  RULES.  The commission shall adopt rules as necessary to implement and enforce this chapter.
Added by Acts 2023, 88th Leg., 3rd C.S., Ch. 1 (S.B. 7), Sec. 1, eff. February 6, 2024.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 82 - Cancer Registry › Section 82.001. Short Title

Sec. 82.001.  SHORT TITLE.  This chapter may be cited as the Texas Cancer Incidence Reporting Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 33, 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 82 - Cancer Registry › Section 82.002. Definitions

Sec. 82.002.  DEFINITIONS.  In this chapter:
(1)  "Cancer" includes:
(A)  a large group of diseases characterized by uncontrolled growth and spread of abnormal cells;
(B)  any condition of tumors having the properties of anaplasia, invasion, and metastasis;
(C)  a cellular tumor the natural course of which is fatal, including malignant and benign tumors of the central nervous system;  and
(D)  malignant neoplasm, other than nonmelanoma skin cancers such as basal and squamous cell carcinomas.
(2)   "Clinical laboratory" means an accredited facility in which:
(A)  tests are performed identifying findings of anatomical changes;  and
(B)  specimens are interpreted and pathological diagnoses are made.
(3)  "Health care facility " means:
(A)  a general or special hospital as defined by Chapter 241 (Texas Hospital Licensing Law);
(B)  an ambulatory surgical center licensed under Chapter 243;
(C)  an institution licensed under Chapter 242;  or
(D)  any other facility, including an outpatient clinic, that provides diagnosis or treatment services to patients with cancer.
(4)  "Health care practitioner" means:
(A)  a physician as defined by Section 151.002, Occupations Code;  or
(B)  a person who practices dentistry as described by Section 251.003, Occupations Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 589, 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 82 - Cancer Registry › Section 82.003. Applicability of Chapter

Sec. 82.003.  APPLICABILITY OF CHAPTER.  This chapter applies to records of cases of cancer, diagnosed on or after January 1, 1979, and to records of all ongoing cancer cases diagnosed before January 1, 1979.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 589, Sec. 2, 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 82 - Cancer Registry › Section 82.004. Registry Required

Sec. 82.004.  REGISTRY REQUIRED.  The department shall maintain a cancer registry for the state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0252, 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 82 - Cancer Registry › Section 82.005. Content of Registry

Sec. 82.005.  CONTENT OF REGISTRY.  (a)  The cancer registry must be a central data bank of accurate, precise, and current information that medical authorities agree serves as an invaluable tool in the early recognition, prevention, cure, and control of cancer.
(b)  The cancer registry must include:
(1)  a record of the cases of cancer that occur in the state; and
(2)  information concerning cancer cases as the executive commissioner considers necessary and appropriate for the recognition, prevention, cure, or control of cancer.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 589, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0253, 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 82 - Cancer Registry › Section 82.006. Executive Commissioner and Department Powers

Sec. 82.006.  EXECUTIVE COMMISSIONER AND DEPARTMENT POWERS.  (a)  To implement this chapter, the executive commissioner may  adopt rules that the executive commissioner considers necessary.
(b)  To implement this chapter, the department may:
(1)  execute contracts considered necessary;
(2)  receive the data from medical records of cases of cancer that are in the custody or under the control of clinical laboratories, health care facilities, and health care practitioners to record and analyze the data directly related to those diseases;
(3)  compile and publish statistical and other studies derived from the patient data obtained under this chapter to provide, in an accessible form, information that is useful to physicians, other medical personnel, and the general public;
(4)  comply with requirements as necessary to obtain federal funds in the maximum amounts and most advantageous proportions possible;
(5)  receive and use gifts made for the purpose of this chapter; and
(6)  limit cancer reporting activities under this chapter to specified geographic areas of the state to ensure optimal use of funds available for obtaining the data.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 589, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0254, 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 82 - Cancer Registry › Section 82.007. Reports

Sec. 82.007.  REPORTS.  (a)  The department shall publish an annual report to the legislature of the information obtained under this chapter.
(b)  The department, in cooperation with other cancer reporting organizations and research institutions, may publish reports the department determines are necessary or desirable to carry out the purpose of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 34, 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 82 - Cancer Registry › Section 82.009. Confidentiality

Sec. 82.009.  CONFIDENTIALITY.  (a)  Reports, records, and information obtained under this chapter are confidential and are not subject to disclosure under Chapter 552, Government Code, are not subject to subpoena, and may not otherwise be released or made public except as provided by this section or Section 82.008(h).  The reports, records, and information obtained under this chapter are for the confidential use of the department and the persons or public or private entities that the department determines are necessary to carry out the intent of this chapter.
(b)  Medical or epidemiological information may be released:
(1)  for statistical purposes in a manner that prevents identification of individuals, health care facilities, clinical laboratories, or health care practitioners;
(2)  with the consent of each person identified in the information; or
(3)  to promote cancer research, including release of information to other cancer registries and appropriate state and federal agencies, under rules adopted by the executive commissioner to ensure confidentiality as required by state and federal laws.
(c)  A state employee may not testify in a civil, criminal, special, or other proceeding as to the existence or contents of records, reports, or information concerning an individual whose medical records have been used in submitting data required under this chapter unless the individual consents in advance.
(d)  Data furnished to a cancer registry or a cancer researcher under Subsection (b) or Section 82.008(h) is for the confidential use of the cancer registry or the cancer researcher, as applicable, and is subject to Subsection (a).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(90), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 343, Sec. 2, eff. May 27, 1997;  Acts 1999, 76th Leg., ch. 1411, Sec. 23.02, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 589, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0256, 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 82 - Cancer Registry › Section 82.010. Immunity From Liability

Sec. 82.010.  IMMUNITY FROM LIABILITY.  The following persons subject to this chapter that act in compliance with this chapter are not civilly or criminally liable for furnishing the information required under this chapter:
(1)  a health care facility or clinical laboratory;
(2)  an administrator, officer, or employee of a health care facility or clinical laboratory;
(3)  a health care practitioner or employee of a health care practitioner;  and
(4)  an employee of the department.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 589, Sec. 7, 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 82 - Cancer Registry › Section 82.011. Examination and Supervision Not Required

Sec. 82.011.  EXAMINATION AND SUPERVISION NOT REQUIRED.  This chapter does not require an individual to submit to any medical examination or supervision or to examination or supervision by the department.
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. 3.0257, 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 83 - Chronic Kidney Disease Task Force › Section 83.001. Definition

Sec. 83.001.  DEFINITION.  In this chapter, "task force" means the Chronic Kidney Disease Task Force.
Added by Acts 2019, 86th Leg., R.S., Ch. 1063 (H.B. 1225), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 83 - Chronic Kidney Disease Task Force › Section 83.002. Chronic Kidney Disease Task Force

Sec. 83.002.  CHRONIC KIDNEY DISEASE TASK FORCE.  (a)  The Chronic Kidney Disease Task Force is composed of:
(1)  20 members appointed by the governor as follows:
(A)  one family practice physician;
(B)  one pathologist;
(C)  one nephrologist from a nephrology department of a state medical school;
(D)  one nephrologist in private practice;
(E)  one representative from the National Kidney Foundation;
(F)  one representative from the Texas Kidney Foundation;
(G)  one representative from the South Plains Kidney Foundation of West Texas;
(H)  one representative from the Texas Renal Coalition;
(I)  one representative from the commission's Kidney Health Care Program;
(J)  one representative of an insurer that issues a preferred provider benefit plan or of a health maintenance organization;
(K)  one representative of clinical laboratories;
(L)  one representative of private renal care providers;
(M)  one pediatrician in private practice;
(N)  one kidney transplant surgeon;
(O)  one primary care physician;
(P)  one licensed and certified renal dietitian;
(Q)  one certified nephrology nurse;
(R)  one representative from a health care system;
(S)  one representative of the commission whose duties involve the state Medicaid program; and
(T)  one end stage renal disease expert;
(2)  two members of the senate appointed by the lieutenant governor; and
(3)  two members of the house of representatives appointed by the speaker of the house of representatives.
(b)  The governor shall designate a member of the task force to serve as the presiding officer of the task force.  The presiding officer serves at the will of the governor.
(c)  Appointments to the task force shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Added by Acts 2019, 86th Leg., R.S., Ch. 1063 (H.B. 1225), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 83 - Chronic Kidney Disease Task Force › Section 83.003. Duties

Sec. 83.003.  DUTIES.  The task force shall:
(1)  coordinate implementation of the state's cost-effective plan for prevention, early screening, diagnosis, and management of chronic kidney disease for the state's population through national, state, and local partners; and
(2)  educate health care professionals on the use of clinical practice guidelines for screening, detecting, diagnosing, treating, and managing chronic kidney disease, its comorbidities, and its complications based on the Kidney Disease Outcomes Quality Initiative Clinical Practice Guidelines for Chronic Kidney Disease.
Added by Acts 2019, 86th Leg., R.S., Ch. 1063 (H.B. 1225), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 83 - Chronic Kidney Disease Task Force › Section 83.004. Reimbursement

Sec. 83.004.  REIMBURSEMENT.  A member of the task force may receive reimbursement for travel expenses as provided by Section 2110.004, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 1063 (H.B. 1225), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 83 - Chronic Kidney Disease Task Force › Section 83.005. Assistance

Sec. 83.005.  ASSISTANCE.  The commission shall provide administrative support to the task force, including necessary staff and meeting facilities.
Added by Acts 2019, 86th Leg., R.S., Ch. 1063 (H.B. 1225), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 83 - Chronic Kidney Disease Task Force › Section 83.006. Report

Sec. 83.006.  REPORT.  Not later than January 1 of each odd-numbered year, the task force shall submit its findings and recommendations to:
(1)  the governor, lieutenant governor, and speaker of the house of representatives; and
(2)  the presiding officers of the appropriate standing committees of the legislature with jurisdiction over health issues.
Added by Acts 2019, 86th Leg., R.S., Ch. 1063 (H.B. 1225), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 83 - Chronic Kidney Disease Task Force › Section 83.007. Funding

Sec. 83.007.  FUNDING.  (a)  The task force, through the commission, may accept gifts and grants from individuals, private or public organizations, or federal or local funds to support the task force.
(b)  The commission shall investigate any potential sources of funding from federal grants or programs.
Added by Acts 2019, 86th Leg., R.S., Ch. 1063 (H.B. 1225), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 83 - Chronic Kidney Disease Task Force › Section 83.008. Applicability of Other Law

Sec. 83.008.  APPLICABILITY OF OTHER LAW.  Except as specifically provided by this chapter, Chapter 2110, Government Code, does not apply to the task force.
Added by Acts 2019, 86th Leg., R.S., Ch. 1063 (H.B. 1225), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 83 - Chronic Kidney Disease Task Force › Section 83.009. Task Force Review and Abolishment

Sec. 83.009.  TASK FORCE REVIEW AND ABOLISHMENT.  (a)  The commission shall review the continued need for the task force at least once every five years.
(b)  If the commission determines the task force is no longer needed and should be abolished, the commission shall publish notice of its decision in the Texas Register and on the commission's Internet website.
(c)  The task force is abolished on the date stated in the notice required by Subsection (b).
Added by Acts 2019, 86th Leg., R.S., Ch. 1063 (H.B. 1225), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 84 - Reporting of Occupational Conditions › Section 84.001. Short Title

Sec. 84.001.  SHORT TITLE.  This chapter may be cited as the Occupational Condition Reporting Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 245, Sec. 2, 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 84 - Reporting of Occupational Conditions › Section 84.002. Definitions

Sec. 84.002.  DEFINITIONS.  In this chapter:
(1)  "Health professional" means an individual whose:
(A)  vocation or profession is directly or indirectly related to the maintenance of health in another individual;  and
(B)  duties require a specified amount of formal education and may require a special examination, a certificate or license, or membership in a regional or national association.
(2)  "Occupational condition " means a disease, abnormal health condition, or laboratory finding that is caused by or is related to exposures in the workplace.
(3)  "Reportable condition " means a disease, condition, or laboratory finding required to be reported under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 245, Sec. 2, 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 84 - Reporting of Occupational Conditions › Section 84.003. Reportable Conditions; Rules

Sec. 84.003.  REPORTABLE CONDITIONS;  RULES.  (a)  Asbestosis and silicosis are occupational conditions that are reportable to the department.
(b)  Blood lead levels in adults are laboratory findings that are reportable to the department as provided by department rule.
(c)  The executive commissioner may adopt rules that require other occupational conditions to be reported under this chapter.  Before the executive commissioner requires another occupational condition to be reported, the executive commissioner must find that the condition:
(1)  has a well-understood etiology;
(2)  results predominantly from occupational exposures; and
(3)  is preventable.
(d)  The executive commissioner shall maintain a list of reportable conditions.
(e)  The executive commissioner shall adopt rules necessary to administer and implement this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 245, Sec. 2, eff. May 23, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0258, 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 84 - Reporting of Occupational Conditions › Section 84.004. Reporting Requirements

Sec. 84.004.  REPORTING REQUIREMENTS.  (a)  The following persons shall report cases or suspected cases of reportable conditions to the department:
(1)  a physician who diagnoses or treats the individual with the condition;
(2)  a person who is in charge of a clinical or hospital laboratory, blood bank, mobile unit, or other facility in which a laboratory examination of any specimen derived from a human body yields microscopical, cultural, serological, or other evidence suggestive of the condition;  and
(3)  a health professional.
(b)  The department may contact a physician attending a person with a case or a suspected case of an occupational condition.
(c)  The executive commissioner shall prescribe the form and method of reporting.  The executive commissioner may require the reports to contain any information necessary to achieve the purposes of this chapter, including the person's name, address, age, sex, race, occupation, employer, and attending physician.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 245, Sec. 3, eff. May 23, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0259, 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 84 - Reporting of Occupational Conditions › Section 84.005. Powers and Duties of Department

Sec. 84.005.  POWERS AND DUTIES OF DEPARTMENT.  (a)  The department may enter into contracts or agreements as necessary to implement this chapter.  The contracts or agreements may provide for payment by the state for materials, equipment, and services.
(b)  The department may seek, receive, and spend any funds received through appropriations, grants, or donations from public or private sources for the purpose of identifying, reporting, or preventing those occupational conditions that have been determined by the executive commissioner to be injurious or to be a threat to the public health, subject to any limitations or conditions prescribed by the legislature.
(c)  Subject to the confidentiality requirements of this chapter, the department shall evaluate the reports of occupational conditions to establish the nature and magnitude of the hazards associated with those conditions, to prevent the occurrence of those hazards, and to establish any trends involved.
(d)  The department may make inspections and investigations as authorized by this chapter and other law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 245, Sec. 4, eff. May 23, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0260, 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 84 - Reporting of Occupational Conditions › Section 84.006. Confidentiality

Sec. 84.006.  CONFIDENTIALITY.  (a)  All information and records relating to reportable conditions are confidential.  That information may not be released or made public on subpoena or otherwise, except that release of information may be made:
(1)  for statistical purposes, but only if a person is not identified;
(2)  with the consent of each person identified in the information released;  or
(3)  to medical personnel in a medical emergency to the extent necessary to protect the health or life of the named person.
(b)  The executive commissioner shall adopt rules establishing procedures to ensure that all information and records maintained by the department under this chapter are kept confidential and protected from release to unauthorized persons.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 245, Sec. 5, eff. May 23, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0261, 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 84 - Reporting of Occupational Conditions › Section 84.007. Investigations

Sec. 84.007.  INVESTIGATIONS.  (a)  The department shall investigate the causes of occupational conditions and methods of prevention.
(b)  In performing the department's duty to prevent an occupational condition, the department's designee may enter at reasonable times and inspect within reasonable limits all or any part of an area, structure, or conveyance, regardless of ownership, that is not used for private residential purposes.
(c)  Persons authorized to conduct investigations under this section may take samples of materials present on the premises, including samples of soil, water, air, unprocessed or processed foodstuffs, manufactured items of clothing, and household goods.  If samples are taken, a corresponding sample shall be offered to the person in control of the premises for independent analysis.
(d)  Persons securing the required samples may reimburse or offer to reimburse the owner for the materials taken, but the reimbursement may not exceed the actual monetary loss sustained by the owner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 245, Sec. 6, eff. May 23, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0262, 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter A. General Provisions and Educational Materials › Section 85.001. Short Title

Sec. 85.001.  SHORT TITLE.  This chapter may be cited as the Human Immunodeficiency Virus Services Act.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter A. General Provisions and Educational Materials › Section 85.002. Definitions

Sec. 85.002.  DEFINITIONS.  In this chapter:
(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)  "Communicable disease" has the meaning assigned by Section 81.003.
(3)  "Contact tracing" means identifying all persons who may have been exposed to an infected person and notifying them that they have been exposed, should be tested, and should seek treatment.
(4)  "HIV" means human immunodeficiency virus.
(5)  "State agency" means:
(A)  a board, commission, department, office, or other agency that is in the executive branch of state government and that was created by the Texas Constitution or a state statute and includes an institution of higher education as defined by Section 61.003, Education Code;
(B)  the legislature or a legislative agency;  and
(C)  the supreme court, the court of criminal appeals, a court of appeals, the State Bar of Texas, or another state judicial agency.
(6)  "Testing program" means a program using a diagnostic test approved by the United States Food and Drug Administration to indicate the presence of HIV.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0263, 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter A. General Provisions and Educational Materials › Section 85.003. Department as Lead Agency and Primary Resource

Sec. 85.003.  DEPARTMENT AS LEAD AGENCY AND PRIMARY RESOURCE.  The department, in the discharge of its duty to protect the public health, shall act as the lead agency for AIDS and HIV policy for Texas and is the primary resource for HIV education, prevention, risk reduction materials, policies, and information in this state.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 708, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter A. General Provisions and Educational Materials › Section 85.004. Educational Materials

Sec. 85.004.  EDUCATIONAL MATERIALS.  (a)  The department shall develop model educational materials to be available on the department's Internet website to educate the public about AIDS and HIV infection.
(b)  The educational materials must:
(1)  include information about methods of transmission and prevention of HIV infection, state laws relating to the transmission, and conduct that may result in the transmission of HIV; and
(2)  be scientifically accurate and factually correct and designed to:
(A)  communicate to the public knowledge about methods of transmission and prevention of HIV infection; and
(B)  educate the public about transmission risks in social, employment, and educational situations.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0265, 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter A. General Provisions and Educational Materials › Section 85.005. Educational Materials Designed for Certain Persons; Specific Information

Sec. 85.005.  EDUCATIONAL MATERIALS DESIGNED FOR CERTAIN PERSONS; SPECIFIC INFORMATION.  (a)  The department shall include in the educational materials specific information designed to reach:
(1)  persons with behavior conducive to HIV transmission;
(2)  persons younger than 18 years of age; and
(3)  minority groups.
(b)  In developing educational materials for ethnic minorities and in assisting local community organizations in developing educational materials for minority groups, the department shall ensure that the educational materials reflect the nature and spread of HIV infection in minorities in this state.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0265, 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter A. General Provisions and Educational Materials › Section 85.006. Educational Materials for Persons With Disabilities

Sec. 85.006.  EDUCATIONAL MATERIALS FOR PERSONS WITH DISABILITIES.  (a)  The department shall develop and promote the availability of educational materials concerning HIV and prevention of HIV infection specifically designed to address the concerns of persons with physical or mental disabilities.
(b)  In developing those educational materials, the department shall consult persons with disabilities or consult experts in the appropriate professional disciplines.
(c)  To the maximum extent possible, state-funded HIV education and prevention programs shall be accessible to persons with physical disabilities.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0266, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0267, 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter A. General Provisions and Educational Materials › Section 85.007. Educational Materials for Minors

Sec. 85.007.  EDUCATIONAL MATERIALS FOR MINORS.  (a)  The department shall give priority to developing model educational materials for education programs for persons younger than 18 years of age.
(b)  The materials in the education programs intended for persons younger than 18 years of age must:
(1)  emphasize sexual abstinence before marriage and fidelity in marriage as the expected standard in terms of public health and the most effective ways to prevent HIV infection, sexually transmitted diseases, and unwanted pregnancies;  and
(2)  state that homosexual conduct is not an acceptable lifestyle and is a criminal offense under Section 21.06, Penal Code.
(c)  In addition, the educational materials intended for persons younger than 18 years of age must:
(1)  teach that sexual activity before marriage is likely to have harmful psychological and physical consequences;
(2)  teach adolescents ways to recognize and respond to unwanted physical and verbal sexual advances;
(3)  teach that the use of alcohol or drugs increases a person's vulnerability to unwanted sexual advances; and
(4)  emphasize the importance of attaining self-sufficiency before engaging in sexual activity.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 24.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0268, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0269, 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter A. General Provisions and Educational Materials › Section 85.008. Promotion of Availability of Educational Materials

Sec. 85.008.  PROMOTION OF AVAILABILITY OF EDUCATIONAL MATERIALS.   The department shall determine where HIV education efforts are needed in this state and shall promote the availability of educational materials on the department's Internet website in those areas.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0270, 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter A. General Provisions and Educational Materials › Section 85.009. Availability of Educational Materials

Sec. 85.009.  AVAILABILITY OF EDUCATIONAL MATERIALS.  The department shall make the educational materials available on the department's Internet website for local governments and private businesses.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0270, 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter A. General Provisions and Educational Materials › Section 85.010. Educational Course for Employees and Clients of Health Care Facilities

Sec. 85.010.  EDUCATIONAL COURSE FOR EMPLOYEES AND CLIENTS OF HEALTH CARE FACILITIES.  A health care facility licensed by the department or the Department of Aging and Disability Services shall require its employees to complete an educational course about HIV infection based on the model educational materials developed by the department.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0270, 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter A. General Provisions and Educational Materials › Section 85.011. Contracts for Educational Materials

Sec. 85.011.  CONTRACTS FOR EDUCATIONAL MATERIALS.  (a)  The department may contract with any person, other than a person who advocates or promotes conduct that violates state law, for the design and development of educational materials.
(b)  This section does not restrict the inclusion in educational materials of accurate information about different ways to reduce the risk of exposure to or the transmission of HIV.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0270, 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter A. General Provisions and Educational Materials › Section 85.012. Model Workplace Guidelines

Sec. 85.012.  MODEL WORKPLACE GUIDELINES.  (a)  To ensure consistent public policy, the department, in consultation with appropriate state and local agencies and private entities, shall develop model workplace guidelines concerning persons with HIV infection and related conditions.
(b)  The model workplace guidelines must include provisions stating that:
(1)  all employees will receive some education about methods of transmission and prevention of HIV infection and related conditions;
(2)  accommodations will be made to keep persons with HIV infection employed and productive for as long as possible;
(3)  the confidentiality of employee medical records will be protected;
(4)  HIV-related policies will be consistent with current information from public health authorities, such as the Centers for Disease Control and Prevention of the United States Public Health Service, and with state and federal law and regulations;
(5)  persons with HIV infection are entitled to the same rights and opportunities as persons with other communicable diseases;  and
(6)  employers and employees should not engage in discrimination against persons with HIV infection unless based on accurate scientific information.
(c)  The department shall develop more specific model workplace guidelines for employers in businesses with educational, correctional, health, or social service responsibilities.
(d)  The department shall make the model workplace guidelines available on request.
(e)  Employers should be encouraged to adopt HIV-related workplace guidelines that incorporate, at a minimum, the guidelines established by the department under this section.
(f)  This chapter does not create a new cause of action for a violation of workplace guidelines.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0271, eff. April 2, 2015.