bill capping public health orders during disasters

The text as introduced · 298 words

89R2546 JDK-F

By: Hall
S.B. No. 132

A BILL TO BE ENTITLED

AN ACT

relating to limitations on public health directives issued during a

state of disaster or outbreak of a communicable disease.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 418, Government Code, is

amended by adding Section 418.0165 to read as follows:

Sec. 418.0165. PUBLIC HEALTH DIRECTIVES. During a state of

disaster declared by the governor, the governor may issue a public

health directive as the governor determines necessary to address

the disaster only if the directive is not more stringent than any

public health directive for undocumented immigrants issued by

United States Immigration and Customs Enforcement.

SECTION 2. Subchapter A, Chapter 81, Health and Safety

Code, is amended by adding Section 81.018 to read as follows:

Sec. 81.018. PUBLIC HEALTH DIRECTIVES. The department or a

health authority may issue a public health directive under this

chapter as the department or health authority determines necessary

to address an outbreak of a communicable disease or a public health

disaster or emergency only if the directive is not more stringent

than any public health directive for undocumented immigrants issued

by United States Immigration and Customs Enforcement.

SECTION 3. The changes in law made by this Act apply only to

a public health directive issued under Section 418.0165, Government

Code, or Section 81.018, Health and Safety Code, as added by this

Act, on or after the effective date of this Act.

SECTION 4. 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, 2025.