H.B. No. 3704
  relating to certain public health data maintained by the Department
  of State Health Services and shared with certain local health
         SECTION 1.  Subchapter D, Chapter 1001, Health and Safety
  Code, is amended by adding Section 1001.089 to read as follows:
         Sec. 1001.089.  PUBLIC HEALTH DATA.  (a)  In this section:
               (1)  "Essential public health services" has the meaning
  assigned by Section 121.002.
               (2)  "Local public health entity" means a local health
  unit, local health department, or public health district.
         (b)  Notwithstanding Sections 81.103, 82.009, 88.002(b),
  92.006, and 192.002(b), the department may enter into an agreement
  with a local public health entity that provides essential public
  health services to provide the entity access to:
               (1)  identified public health data relating to the
  entity's jurisdiction and any public health data relating to a
  jurisdiction contiguous to the entity; and 
               (2)  deidentified public health data maintained by the
  department relating to the jurisdiction of any other local public
  health entity. 
         (c)  The public health data obtained through the agreement
  may be used only in the provision of essential public health
         (d)  Access to public health data includes necessary
  identified public health data required for an infectious disease
  investigation conducted under Chapter 81. 
         (e)  For any public health data request that is not subject
  to Subsection (b), (c), or (d) and except as provided by Subsection
  (f), the department shall establish a review process for the
  consideration of public health data requests relating to essential
  public health services or public health research. The process must
               (1)  the public health benefit and purpose of the
               (2)  the privacy of the individuals whose data is
               (3)  the management of the data by the requestor,
  including management of public health data released to the
  requestor in previous requests; and 
               (4)  other relevant law.
         (f)  A local public health entity seeking public health data
  for human subject research purposes must submit a request to the
  department's institutional review board for review and
         (g)  A local public health entity receiving public health
  data from the department under this section shall:
               (1)  maintain the integrity and security of the data;
               (2)  comply with state and federal privacy laws. 
         SECTION 2.  The executive commissioner of the Health and
  Human Services Commission shall adopt rules to implement Section
  1001.089(e), Health and Safety Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2019.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 3704 was passed by the House on May 3,
  2019, by the following vote:  Yeas 134, Nays 6, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3704 on May 24, 2019, by the following vote:  Yeas 136, Nays 3,
  2 present, not voting.
  Chief Clerk of the House   
         I certify that H.B. No. 3704 was passed by the Senate, with
  amendments, on May 21, 2019, by the following vote:  Yeas 30, Nays
  Secretary of the Senate   
  APPROVED: __________________