H.B. No. 1690
 
 
 
 
AN ACT
  relating to measures to prevent or control the entry into or spread
  in this state of certain communicable diseases; providing a
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 81.003, Health and Safety Code, is
  amended by adding Subdivision (4-a) to read as follows:
               (4-a) "Peace officer" has the meaning assigned by
  Article 2.12, Code of Criminal Procedure. The term includes a
  sheriff or constable.
         SECTION 2.  Section 81.083, Health and Safety Code, is
  amended by adding Subsection (m) to read as follows:
         (m)  A peace officer, including a sheriff or constable, may
  use reasonable force to:
               (1)  secure the members of a group subject to an order
  issued under Subsection (k); and
               (2)  except as directed by the department or health
  authority, prevent the members from leaving the group or other
  individuals from joining the group.
         SECTION 3.  Section 81.084, Health and Safety Code, is
  amended by adding Subsection (l) to read as follows:
         (l)  A peace officer, including a sheriff or constable, may
  use reasonable force to:
               (1)  secure a property subject to a court order issued
  under this section; and
               (2)  except as directed by the department or health
  authority, prevent an individual from entering or leaving the
  property subject to the order.
         SECTION 4.  Section 81.085, Health and Safety Code, is
  amended by adding Subsection (j) to read as follows:
         (j)  A peace officer, including a sheriff or constable, may
  use reasonable force to:
               (1)  secure a quarantine area; and
               (2)  except as directed by the department or health
  authority, prevent an individual from entering or leaving the
  quarantine area.
         SECTION 5.  Section 81.162, Health and Safety Code, is
  amended by adding Subsection (h) to read as follows:
         (h)  The judge or magistrate may direct a peace officer,
  including a sheriff or constable, to prevent a person who is the
  subject of a protective custody order from leaving the facility
  designated to detain the person if the court finds that a threat to
  the public health exists because the person may attempt to leave the
  facility.
         SECTION 6.  Section 81.163, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (f) to
  read as follows:
         (a)  A protective custody order shall direct a peace officer,
  including a sheriff or constable, to take the person who is the
  subject of the order into protective custody and transport the
  person immediately to an appropriate inpatient health facility that
  has been designated by the commissioner as a suitable place.
         (f)  A protective custody order issued under Section 81.162
  may direct an emergency medical services provider to provide an
  ambulance and staff to immediately transport the person who is the
  subject of the order to an appropriate inpatient health facility
  designated by the order or other suitable facility.  The provider
  may seek reimbursement for the costs of the transport from any
  appropriate source.
         SECTION 7.  Section 81.185, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (e) to
  read as follows:
         (a)  The order for temporary detention shall direct a peace
  officer, including a sheriff or constable, to take the person into
  custody and immediately transport the person to an appropriate
  inpatient health care facility. The person shall be transported to
  a facility considered suitable by the health authority if an
  appropriate inpatient health care facility is not available.
         (e)  The order for temporary detention may direct an
  emergency medical services provider to provide an ambulance and
  staff to immediately transport the person who is the subject of the
  order to an appropriate inpatient health care facility designated
  by the order or other suitable facility.  The provider may seek
  reimbursement for the costs of the transport from any appropriate
  source.
         SECTION 8.  Section 81.190, Health and Safety Code, is
  amended by adding Subsection (g) to read as follows:
         (g)  If the department or health authority advises the court
  that the person must remain in isolation or quarantine and that
  exposure to the judge or the public would jeopardize the health and
  safety of those persons and the public health, the judge may order
  that a person entitled to a hearing may not appear in person and may
  appear only by teleconference or another means that the judge finds
  appropriate to allow the person to speak, to interact with
  witnesses, and to confer with the person's attorney.
         SECTION 9.  Subchapter G, Chapter 81, Health and Safety
  Code, is amended by adding Section 81.212 to read as follows:
         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.
         SECTION 10.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 11.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1690 was passed by the House on April
  25, 2013, by the following vote:  Yeas 134, Nays 2, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1690 was passed by the Senate on May
  20, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor