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  84R7676 JSC-D
 
  By: Schwertner, et al. S.B. No. 538
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the control of infectious diseases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 418, Government Code, is amended by
  adding Subchapter B-1 to read as follows:
  SUBCHAPTER B-1. STATE OF INFECTIOUS DISEASE EMERGENCY
         Sec. 418.031.  DECLARATION OF STATE OF INFECTIOUS DISEASE
  EMERGENCY. (a)  The governor by executive order or proclamation may
  declare a state of infectious disease emergency if the governor, in
  consultation with the commissioner of state health services and the
  division, finds that an infectious disease poses an imminent risk
  to the health and safety of the citizens of this state.
         (b)  The state of infectious disease emergency continues
  until the governor:
               (1)  finds that there is no longer an imminent risk to
  the health and safety of the citizens of this state; and
               (2)  terminates the state of emergency by executive
  order.
         (c)  An executive order or proclamation issued under this
  section must include the name of the communicable disease and a
  description of the threat to public health and safety.
         (d)  An executive order or proclamation shall be
  disseminated promptly by means intended to bring its contents to
  the attention of the general public.  An order or proclamation
  shall be filed promptly with the division and the secretary of
  state.
         Sec. 418.032.  EFFECT OF DECLARATION. (a) An executive
  order or proclamation declaring a state of infectious disease
  emergency gives the commissioner of state health services authority
  for all state and local public health policy decisions, procedures,
  and disease control measures necessary to contain the infectious
  disease emergency.
         (b)  The Department of State Health Services shall issue
  specific statewide preparedness guidelines and procedures for
  local health and emergency management authorities in the case of a
  state of infectious disease emergency.
         Sec. 418.033.  RULES. The executive commissioner of the
  Health and Human Services Commission may adopt rules necessary for
  carrying out the purposes of this subchapter.
         SECTION 2.  Section 81.008, Health and Safety Code, is
  amended to read as follows:
         Sec. 81.008.  COMMUNICABLE DISEASE IN ANIMALS; EXCHANGE OF
  INFORMATION.  (a)  If the department or a local health authority has
  reasonable cause to believe that an animal has been infected with,
  has been exposed to, or is the carrier of a communicable disease,
  the department or local health authority may obtain a sample of the
  animal's blood or other bodily fluid to perform a test for an
  infectious disease without:
               (1)  the permission of the animal's owner; or
               (2)  a control order under Section 81.084.
         (b)  The Texas Animal Health Commission and the Texas A&M
  University Veterinary Diagnostic Laboratory shall each adopt by
  rule a memorandum of understanding with the department to exchange
  information on communicable diseases in animals.
         SECTION 3.  Section 81.046, Health and Safety Code, is
  amended by amending Subsection (b) and adding Subsection (f-1) to
  read as follows:
         (b)  Reports, records, and information relating to cases or
  suspected cases of diseases or health conditions are not public
  information under Chapter 552, Government Code, and may not be
  released or made public on subpoena or otherwise except as provided
  by Subsections (c), (d), [and] (f), and (f-1).
         (f-1)  The department may release to first responders the
  name and basic contact information of a person if:
               (1)  the department reasonably believes that the person
  is infected with, has been exposed to, or is the carrier of a
  communicable disease; and
               (2)  the communicable disease poses a serious health
  risk to first responders that do not wear the appropriate personal
  protective equipment.
         SECTION 4.  Section 81.083, Health and Safety Code, is
  amended by amending Subsections (a), (b), and (e) and adding
  Subsection (d-1) to read as follows:
         (a)  Any person, including a physician, who examines or
  treats an individual who has a communicable disease, or, the
  department or a local health authority, shall instruct the
  individual about:
               (1)  measures for preventing reinfection and spread of
  the disease; and
               (2)  the necessity for treatment until the individual
  is cured or free from the infection.
         (b)  If the department or a health authority has reasonable
  cause to believe that an individual is infected [ill] with, has been
  exposed to, or is the carrier of a communicable disease, the
  department or health authority may order the individual, or the
  individual's parent, legal guardian, or managing conservator if the
  individual is a minor, to implement control measures that are
  reasonable and necessary to prevent the introduction,
  transmission, and spread of the disease in this state. The order
  may require the individual to remain in a health care facility or
  other location, including the individual's home.
         (d-1)  A peace officer, including a sheriff or constable, may
  use reasonable force to:
               (1)  secure an individual subject to an order issued
  under Subsection (b); and
               (2)  except as directed by the department or the health
  authority, prevent the individual from leaving the facility or
  other location designated in the order.
         (e)  An individual may be subject to emergency detention
  under Section 81.0891 or court orders under Subchapter G if the
  individual is infected with, has been exposed to, or is the carrier
  of or is reasonably suspected of being infected with, having been
  exposed to, or being the carrier of a communicable disease that
  presents an immediate threat to the public health and:
               (1)  the individual, or the individual's parent, legal
  guardian, or managing conservator if the individual is a minor,
  does not comply with the written orders of the department or a
  health authority under this section; or
               (2)  a public health disaster exists, regardless of
  whether the department or health authority has issued a written
  order and the individual has indicated that the individual will not
  voluntarily comply with control measures.
         SECTION 5.  Sections 81.086(b), (c), and (i), Health and
  Safety Code, are amended to read as follows:
         (b)  If the department or health authority has reasonable
  cause to believe that a carrier or conveyance has departed from or
  traveled through an area infected or contaminated with a
  communicable disease or that an individual transported by the
  carrier or conveyance is infected with, has been exposed to, or is
  the carrier of a communicable disease, the department or health
  authority may order the owner, operator, or authorized agent in
  control of the carrier or conveyance to:
               (1)  stop the carrier or conveyance at a port of entry
  or place of first landing or first arrival in this state; and
               (2)  provide information on passengers and cargo
  manifests that includes the details of:
                     (A)  any illness suspected of being communicable
  that occurred during the journey;
                     (B)  any condition on board the carrier or
  conveyance during the journey that may lead to the spread of
  disease; and
                     (C)  any control measures imposed on the carrier
  or conveyance, its passengers or crew, or its cargo or any other
  object on board during the journey.
         (c)  The department or health authority may impose necessary
  technically feasible control measures under Section 81.083 or
  81.084 to prevent the introduction and spread of communicable
  disease in this state if the department or health authority, after
  inspection, has reasonable cause to believe that a carrier or
  conveyance:
               (1)  [that] has departed from or traveled through an
  infected or contaminated area and:
                     (A) [(1)]  is or may be infected or contaminated
  with a communicable disease; or
                     (B) [(2)]  has cargo or an object on board that is
  or may be infected or contaminated with a communicable disease; or
               (2) [(3)]  has an individual on board who is infected
  with, has been exposed to, or is the carrier of[,] a communicable
  disease.
         (i)  The department or health authority may require an
  individual transported by carrier or conveyance who the department
  or health authority has reasonable cause to believe is infected
  with, has been exposed to, or is the carrier of a communicable
  disease to be isolated from other travelers and to disembark with
  the individual's personal effects and baggage at the first location
  equipped with adequate investigative and disease control
  facilities, whether the person is in transit through this state or
  to an intermediate or ultimate destination in this state. The
  department or health authority may investigate and, if necessary,
  isolate or involuntarily hospitalize the individual until the
  department or health authority approves the discharge as authorized
  by Section 81.083.
         SECTION 6.  Subchapter E, Chapter 81, Health and Safety
  Code, is amended by adding Sections 81.0891, 81.0892, 81.0893,
  81.0894, and 81.0895 to read as follows:
         Sec. 81.0891.  EMERGENCY DETENTION OF INDIVIDUAL SUBJECT TO
  CONTROL ORDER. (a)  A peace officer, without a warrant, may take an
  individual into custody if the officer has reason to believe and
  does believe that:
               (1)  the individual is subject to a written control
  order under Section 81.083;
               (2)  the individual, or the individual's parent, legal
  guardian, or managing conservator if the individual is a minor, is
  not complying with or does not intend to comply with the control
  order; and
               (3)  there is a substantial risk of serious harm to
  others unless the individual is immediately detained.
         (b)  A substantial risk of serious harm to others under
  Subsection (a)(3) may be demonstrated by:
               (1)  a previous violation of a control order by the
  individual or, if the individual is a minor, the individual's
  parent, legal guardian, or managing conservator;
               (2)  evidence of illness and deterioration of the
  person's physical condition to the extent that the person cannot
  remain at liberty; or
               (3)  information provided to the peace officer by the
  local health authority or the department.
         (c)  The peace officer may form the belief that the
  individual may be subject to emergency detention under this
  section:
               (1)  on information and belief from a credible person,
  including a local health authority or the department; or
               (2)  on the basis of the conduct of the individual or
  the circumstances under which the individual is found.
         (d)  A peace officer who takes an individual into custody
  under Subsection (a) shall immediately transport the individual to:
               (1)  the nearest appropriate health facility; or
               (2)  a location considered suitable by the department
  or local health authority, including the individual's home.
         (e)  A peace officer who takes an individual into custody
  under Subsection (a) shall immediately inform the individual orally
  in simple, nontechnical terms:
               (1)  of the reason for the detention; and
               (2)  that a staff member of the facility, or the
  department or local health authority if the individual is detained
  at a location under Subsection (d)(2), will inform the individual
  of the individual's rights under Section 81.0895 not later than 24
  hours after the time the individual is taken into custody under this
  section.
         Sec. 81.0892.  PEACE OFFICER'S NOTIFICATION OF DETENTION.
  (a) A peace officer shall immediately file with a facility, or the
  local health authority or the department if the individual is
  detained at a location under Section 81.0891(d)(2), a notification
  of detention after transporting an individual to that facility or
  location under Section 81.0891.
         (b)  The notification of detention must contain:
               (1)  a statement that the officer has reason to believe
  and does believe that:
                     (A)  the individual is the subject of a
  communicable disease control order under Section 81.083;
                     (B)  the individual, or the individual's parent,
  legal guardian, or managing conservator if the individual is a
  minor, is not complying with or does not intend to comply with the
  control order;
                     (C)  the individual evidences a substantial risk
  of serious harm to others; and
                     (D)  the risk of harm is imminent unless the
  person is immediately detained;
               (2)  a statement that the officer's beliefs are based on
  specific recent behavior, overt acts, attempts, statements, or
  threats that were observed by or reliably reported to the officer;
  and
               (3)  a detailed description of the specific behavior,
  overt acts, attempts, statements, or threats and, if applicable,
  the name of the person who reported or observed the behavior, acts,
  attempts, statements, or threats.
         (c)  If the individual is detained at a facility under
  Section 81.0891(d)(1), the facility in which the individual is
  detained shall include in the detained individual's file the
  notification of detention described by this section.
         (d)  The peace officer shall give the notification of
  detention on the following form:
 
  Notification--Communicable Disease Emergency Detention
  NO. ____________________
  DATE:_______________TIME:_______________
 
  THE STATE OF TEXAS
  FOR THE BEST INTEREST AND PROTECTION OF:
 
  ______________________________________
 
  NOTIFICATION OF COMMUNICABLE DISEASE EMERGENCY DETENTION
 
  Now comes _____________________________, a peace officer with
  (name of agency) _____________________________, of the State of
  Texas, and states as follows:
 
  1.  I have reason to believe and do believe that (name of individual
  to be detained) __________________________ is the subject of a
  control order issued under Section 81.083, Health and Safety Code.
 
  2.  I have reason to believe and do believe that the above-named
  individual (or, if applicable, the minor individual's parent, legal
  guardian, or managing conservator) is not complying with or does
  not intend to comply with the control order based on the following:
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
 
  3.  I have reason to believe and do believe that the above-named
  individual evidences a substantial risk of serious harm to others
  based on the following:
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
 
  4.  I have reason to believe and do believe that the risk of harm is
  imminent unless the above-named individual is immediately
  detained.
 
  5.  My beliefs are based on the following recent behavior, overt
  acts, attempts, statements, or threats observed by me or reliably
  reported to me:
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
 
  6.  The names and addresses of those persons who reported or
  observed recent behavior, overt acts, attempts, statements, or
  threats of the above-named person are (if applicable):
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
 
  For the above reasons, I present this notification to (name of
  facility or local health authority or department)
  _________________________ for the detention of (name of individual
  to be detained) __________________________.
 
  7.  Was the individual restrained in any way? Yes □ No □
  _________________________BADGE NO. _____________________
  PEACE OFFICER'S SIGNATURE
 
  Address: _________________________ Zip Code: ____________________
  Telephone: ______________________
 
         (e)  A health facility, local health authority, or the
  department may not require a peace officer to execute any form other
  than the form provided by Subsection (d) as a condition of accepting
  for temporary admission an individual detained under Section
  81.0891.
         Sec. 81.0893.  ACCEPTANCE OF PERSON. A facility shall
  temporarily accept an individual for whom a peace officer files a
  notification of detention under Section 81.0892(a).
         Sec. 81.0894.  RELEASE FROM DETENTION. (a) An individual
  detained under Section 81.0891 may be detained in custody for not
  longer than 48 hours after the time the individual is presented to
  the facility or location unless a written order for further custody
  or detention is obtained under Subchapter G.
         (b)  If the 48-hour period ends on a Saturday, Sunday, legal
  holiday, or before 4 p.m. on the first succeeding business day, the
  individual may be detained until 4 p.m. on the first succeeding
  business day. If the 48-hour period ends at a different time, the
  individual may be detained only until 4 p.m. on the day the 48-hour
  period ends.
         (c)  If extremely hazardous weather conditions exist or a
  disaster occurs, the presiding judge or magistrate may, by written
  order made each day, extend by an additional 24 hours the period
  during which the individual may be detained. The written order must
  declare that an emergency exists because of the weather or the
  occurrence of a disaster.
         Sec. 81.0895.  RIGHTS OF INDIVIDUALS DETAINED. (a) An
  individual subject to emergency detention under Section 81.0891 has
  the right:
               (1)  to be advised of the location of detention, the
  reasons for the detention, and the fact that the detention could
  result in a longer period of court-ordered management;
               (2)  to a reasonable opportunity to communicate with
  and retain an attorney;
               (3)  to be released from a facility as provided by
  Section 81.0894;
               (4)  to be advised that communications with a health
  professional, local health authority, or the department may be used
  in proceedings for further detention; and
               (5)  to a reasonable opportunity to communicate with a
  relative or other responsible person who has a proper interest in
  the individual's welfare.
         (b)  An individual detained under Section 81.0891 must, not
  later than 24 hours after the time the individual is admitted to a
  facility or detained in another location, be informed of the rights
  provided by this section and this subchapter:
               (1)  orally in simple, nontechnical terms and in
  writing in the person's primary language, if possible; or
               (2)  through the use of a means reasonably calculated
  to communicate with a hearing or visually impaired individual, if
  applicable.
         (c)  The executive commissioner of the Health and Human
  Services Commission by rule shall prescribe the manner in which the
  individual is informed of the individual's rights under this
  subchapter.
         SECTION 7.  Section 81.152(c), Health and Safety Code, is
  amended to read as follows:
         (c)  Any application must contain the following information
  according to the applicant's information and belief:
               (1)  the person's name and address;
               (2)  the person's county of residence in this state;
               (3)  a statement that the person is infected with, has
  been exposed to, or is the carrier of or is reasonably suspected of
  being infected with, having been exposed to, or being the carrier of
  a communicable disease that presents a threat to public health and
  that the person meets the criteria of this chapter for court orders
  for the management of a person with a communicable disease; and
               (4)  a statement, to be included only in an application
  for inpatient treatment, that the person fails or refuses to comply
  with written orders of the department or health authority under
  Section 81.083, if applicable.
         SECTION 8.  Section 81.158(a), Health and Safety Code, is
  amended to read as follows:
         (a)  An affidavit of medical evaluation must be dated and
  signed by the commissioner or the commissioner's designee, or by a
  health authority with the concurrence of the commissioner or the
  commissioner's designee. The certificate must include:
               (1)  the name and address of the examining physician,
  if applicable;
               (2)  the name and address of the person examined or to
  be examined;
               (3)  the date and place of the examination, if
  applicable;
               (4)  a brief diagnosis of the examined person's
  physical and mental condition, if applicable;
               (5)  the period, if any, during which the examined
  person has been under the care of the examining physician;
               (6)  an accurate description of the health treatment,
  if any, given by or administered under the direction of the
  examining physician; and
               (7)  the opinion of the health authority or department
  and the reason for that opinion, including laboratory reports,
  that:
                     (A)  the examined person is infected with, has
  been exposed to, or is the carrier of or is reasonably suspected of
  being infected with, having been exposed to, or being the carrier of
  a communicable disease that presents a threat to public health; and
                     (B)  as a result of that communicable disease the
  examined person:
                           (i)  is likely to cause serious harm to
  himself; or
                           (ii)  will, if not examined, observed, or
  treated, continue to endanger public health.
         SECTION 9.  Section 81.162(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The judge or designated magistrate may issue a
  protective custody order if the judge or magistrate determines:
               (1)  that the health authority or department has stated
  its opinion and the detailed basis for its opinion that the person
  is infected with, has been exposed to, or is the carrier of or is
  reasonably suspected of being infected with, having been exposed
  to, or being the carrier of a communicable disease that presents an
  immediate threat to the public health; and
               (2)  that the person fails or refuses to comply with the
  written orders of the health authority or the department under
  Section 81.083, if applicable.
         SECTION 10.  Section 81.165(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A hearing must be held to determine if:
               (1)  there is probable cause to believe that a person
  under a protective custody order presents a substantial risk of
  serious harm to the person [himself] or others to the extent that
  the person cannot be at liberty pending the hearing on a court order
  for the management of a person with a communicable disease; and
               (2)  the health authority or department has stated its
  opinion and the detailed basis for its opinion that the person is
  infected with, has been exposed to, or is the carrier of or is
  reasonably suspected of being infected with, having been exposed
  to, or being the carrier of a communicable disease that presents an
  immediate threat to public health.
         SECTION 11.  Section 81.166(d), Health and Safety Code, is
  amended to read as follows:
         (d)  The notification of probable cause hearing shall read as
  follows:
  (Style of Case)
  NOTIFICATION OF PROBABLE CAUSE HEARING
         On this the _____ day of _________________, 20__ [19__], the
  undersigned hearing officer heard evidence concerning the need for
  protective custody of ___________ (hereinafter referred to as
  proposed patient). The proposed patient was given the opportunity
  to challenge the allegations that (s)he presents a substantial risk
  of serious harm to self or others.
         The proposed patient and his or her attorney
  _________________________ have been given written notice that the
  proposed patient was placed under an order of protective custody
  and the reasons for such order on ___________ (date of notice).
         I have examined the affidavit of medical evaluation and
  ________________ (other evidence considered). Based on this
  evidence, I find that there is probable cause to believe that the
  proposed patient presents a substantial risk of serious harm to
  himself or herself (yes ____ or no ____) or others (yes ____ or no
  ____) such that (s)he cannot be at liberty pending final hearing
  because (s)he is infected with, has been exposed to, or is the
  carrier of or is reasonably suspected of being infected with,
  having been exposed to, or being the carrier of a communicable
  disease that presents an immediate threat to the public health and
  (s)he has failed or refused to comply with the orders of the health
  authority or the Texas Department of Health delivered on __________
  (date of service) ____________.
         SECTION 12.  Section 81.170(f), Health and Safety Code, is
  amended to read as follows:
         (f)  The jury shall determine if the person is infected with,
  has been exposed to, or is the carrier of or is reasonably suspected
  of being infected with, having been exposed to, or being the carrier
  of a communicable disease that presents a threat to the public
  health and, if the application is for inpatient treatment, has
  refused or failed to follow the orders of the health authority. The
  jury may not make a finding about the type of services to be
  provided to the person.
         SECTION 13.  Section 81.171(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The court shall enter an order denying an application
  for a court order for temporary or extended management if after a
  hearing the judge or jury fails to find, from clear and convincing
  evidence, that the person:
               (1)  is infected with, has been exposed to, or is the
  carrier of or is reasonably suspected of being infected with,
  having been exposed to, or being the carrier of a communicable
  disease that presents a threat to the public health;
               (2)  has refused or failed to follow the orders of the
  health authority if the application is for inpatient treatment; and
               (3)  meets the applicable criteria for orders for the
  management of a person with a communicable disease.
         SECTION 14.  Section 81.172(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The judge or jury may determine that a person requires
  court-ordered examination, observation, isolation, or treatment
  only if the judge or jury finds, from clear and convincing evidence,
  that:
               (1)  the person is infected with, has been exposed to,
  or is the carrier of or is reasonably suspected of being infected
  with, having been exposed to, or being the carrier of a communicable
  disease that presents a threat to the public health and, if the
  application is for inpatient treatment, has failed or refused to
  follow the orders of the health authority or department; and
               (2)  as a result of the communicable disease the
  person:
                     (A)  is likely to cause serious harm to himself;
  or
                     (B)  will, if not examined, observed, isolated, or
  treated, continue to endanger public health.
         SECTION 15.  Section 81.174(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The judge shall dismiss the jury, if any, after a
  hearing in which a person is found:
               (1)  to be infected with, to have been exposed to, or to
  be the carrier of or to be reasonably suspected of being infected
  with, having been exposed to, or being a carrier of a communicable
  disease;
               (2)  to have failed or refused to follow the orders of a
  health authority or the department if the application is for
  inpatient treatment; and
               (3)  to meet the criteria for orders for the management
  of a patient with a communicable disease.
         SECTION 16.  Chapter 81, Health and Safety Code, is amended
  by adding Subchapters J and K to read as follows:
  SUBCHAPTER J. TASK FORCE ON INFECTIOUS DISEASE PREPAREDNESS AND
  RESPONSE
         Sec. 81.401.  DEFINITION. In this subchapter, "task force"
  means the Task Force on Infectious Disease Preparedness and
  Response.
         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.
         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.
         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.
         (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.
         Sec. 81.405.  REPORTS. The task force may make written
  reports on its findings and recommendations, including legislative
  recommendations, to the governor and legislature.
         Sec. 81.406.  MEETINGS. (a)  The task force shall meet at
  times and locations as determined by the director of the task force. 
         (b)  The task force may meet telephonically.
         (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)  The task force may meet in executive session to discuss
  matters that are confidential by state or federal law or to ensure
  public security or law enforcement needs.
         Sec. 81.407.  ADMINISTRATIVE SUPPORT. State agencies with
  members on the task force shall provide administrative support for
  the task force.
         Sec. 81.408.  REIMBURSEMENT. Task force members serve
  without compensation and are not entitled to reimbursement for
  travel expenses.
  SUBCHAPTER K. STATEWIDE INFECTIOUS DISEASE CONTROL MEASURES;
  PREPARATION
         Sec. 81.451.  PERSONAL PROTECTIVE EQUIPMENT. (a)  In this
  section, "personal protective equipment" means specialized
  clothing or equipment worn for protection against infectious
  materials.
         (b)  The department shall establish a stockpile, or regional
  stockpiles, of personal protective equipment to support responses
  to infectious disease emergencies in the state, if funds are
  appropriated for the purposes of this section.
         Sec. 81.452.  MOBILE APPLICATION. The department may
  contract to establish a mobile application for wireless
  communications devices that might be used by health officials and
  health care providers to monitor the spread of an infectious
  disease in real time.
         Sec. 81.453.  PORTABLE MEDICAL WASTE TREATMENT. The
  department, the Texas Department of Transportation, and the Texas
  Commission on Environmental Quality shall:
               (1)  evaluate portable treatment options for medical
  waste to render pathogens in that waste noninfectious; and
               (2)  develop procedures to rapidly deploy the portable
  treatment options through vendor contracts or state purchase.
         SECTION 17.  Subchapter B, Chapter 716, Health and Safety
  Code, is amended by adding Section 716.055 to read as follows:
         Sec. 716.055.  EXCEPTION: DEPARTMENT OF STATE HEALTH
  SERVICES AUTHORIZATION. (a)  A crematory establishment may cremate
  the deceased person's human remains without receipt of a cremation
  authorization form signed by the authorizing agent if the
  Department of State Health Services certifies that:
               (1)  the deceased person was infected with, was exposed
  to, or was a carrier of a communicable disease that presents a
  threat to public health; and
               (2)  burial of the body would pose a public health risk.
         (b)  The executive commissioner of the Health and Human
  Services Commission may adopt rules necessary to implement this
  section.
         SECTION 18.  The heading to Section 716.204, Health and
  Safety Code, is amended to read as follows:
         Sec. 716.204.  IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY[;
  WRITTEN DIRECTIONS].
         SECTION 19.  Section 716.204, Health and Safety Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  If Section 716.055(a) applies, a cemetery organization,
  a business operating a crematory or columbarium, a funeral
  director, an embalmer, or a funeral establishment is not criminally
  liable or liable in a civil action for cremating the human remains
  of a deceased person.
         SECTION 20.  The Department of State Health Services, the
  Texas Animal Health Commission, the Texas A&M Veterinary Diagnostic
  Laboratory, and the Texas A&M College of Veterinary Medicine and
  Biomedical Sciences shall:
               (1)  review documents published or updated by the
  federal Centers for Disease Control and Prevention providing
  guidance on infection control measures, including quarantine, for
  pets and livestock animals exposed to infectious diseases;
               (2)  incorporate the recommendations of the federal
  Centers for Disease Control and Prevention in developing and
  revising guidelines for this state to use in preventing the spread
  of infectious disease through pets and livestock;
               (3)  evaluate the current facilities and capabilities
  of this state to implement the guidelines adopted under Subdivision
  (2) of this section, including an evaluation of the sufficiency and
  capacity of available quarantine facilities;
               (4)  solicit public feedback in developing any
  recommendations for legislative, administrative, or executive
  action to address perceived problems; and
               (5)  submit a report on any findings, evaluations, and
  recommendations to the governor and the legislature not later than
  December 1, 2016.
         SECTION 21.  (a) Not later than December 1, 2015, the
  Department of State Health Services shall submit a report to the
  legislature regarding the preparedness of this state for containing
  an infectious disease outbreak.
         (b)  The report under this section must include:
               (1)  any progress that the department has made on
  implementing recommendations of the Task Force on Infectious
  Disease Preparedness and Response;
               (2)  recommendations for statutory changes that are
  necessary to enable the department to implement the recommendations
  of the Task Force on Infectious Disease Preparedness and Response;
               (3)  a cost analysis for the implementation of any
  recommendations of the Task Force on Infectious Disease
  Preparedness and Response that the department determines are not
  possible to implement using existing resources;
               (4)  an evaluation of portable medical waste treatment
  options under Section 81.453, Health and Safety Code, as added by
  this Act, proposed procedures for deploying the portable treatment
  options, any projected costs for those treatments, and any
  legislative recommendations necessary to implement any proposed
  portable medical waste treatment solutions; and
               (5)  any recommendations for legislation or other
  measures that would assist the department in preparing for an
  infectious disease outbreak.
         (c)  The Department of State Health Services shall
  coordinate with other state agencies as necessary to complete the
  report under this section. The report must specify if the
  department determines that a recommendation be implemented by
  another state agency.
         SECTION 22.  On the effective date of this Act, a member
  serving on the Task Force on Infectious Disease Preparedness and
  Response created by executive order of the governor continues to
  serve on the Task Force on Infectious Disease Preparedness and
  Response under Subchapter J, Chapter 81, Health and Safety Code, as
  added by this Act.
         SECTION 23.  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, 2015.