Bill Text: TX SB437 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the establishment of a personal protective equipment reserve advisory committee.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-06-16 - Effective immediately [SB437 Detail]
Download: Texas-2021-SB437-Comm_Sub.html
Bill Title: Relating to the establishment of a personal protective equipment reserve advisory committee.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-06-16 - Effective immediately [SB437 Detail]
Download: Texas-2021-SB437-Comm_Sub.html
87R26024 SCL-D | ||
By: Blanco | S.B. No. 437 | |
(Turner of Dallas) | ||
Substitute the following for S.B. No. 437: No. |
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relating to personal protective equipment management and the | ||
establishment of a personal protective equipment advisory | ||
committee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 81, Health and Safety Code, is amended by | ||
adding Subchapter K to read as follows: | ||
SUBCHAPTER K. PERSONAL PROTECTIVE EQUIPMENT | ||
Sec. 81.451. DEFINITIONS. In this subchapter: | ||
(1) "Advisory committee" means the Personal | ||
Protective Equipment Advisory Committee established under Section | ||
81.453. This subdivision expires September 1, 2023. | ||
(2) "Division" means the Texas Division of Emergency | ||
Management. | ||
(3) "Essential personnel" means: | ||
(A) government employees or personnel at a | ||
primary or secondary school, a child-care facility defined by | ||
Section 42.002, Human Resources Code, or a corrections facility | ||
defined by Section 89.101, who are expected to continue working | ||
through a public health disaster or other public health emergency; | ||
(B) electric and gas utility employees; or | ||
(C) personnel the division considers vital to | ||
public health and safety or economic and national security. | ||
(4) "Health care worker" means any individual who | ||
provides health care services to patients or provides support | ||
services to those health care providers, including physicians, | ||
pharmacists, dentists, clinicians, nurses, aides, home hospice | ||
care providers, technicians, janitorial and housekeeping staff, | ||
food service workers, and nonmanagerial administrative staff. | ||
(5) "Personal protective equipment" means specialized | ||
clothing or equipment, including masks, gloves, and gowns, worn for | ||
protection against infectious materials. | ||
Sec. 81.452. PERSONAL PROTECTIVE EQUIPMENT STANDARDS. (a) | ||
The division by rule shall establish guidelines for the | ||
procurement, storage, and distribution of personal protective | ||
equipment. | ||
(b) At a minimum, the division, when adopting rules under | ||
this section, must consider: | ||
(1) the types of personal protective equipment that | ||
may be required during a public health disaster or other public | ||
health emergency; | ||
(2) the length of time each type of personal | ||
protective equipment remains usable and the procedures for | ||
restocking a portion of each type of equipment; | ||
(3) the amount of each type of personal protective | ||
equipment required to supply all health care workers and essential | ||
personnel in this state with the equipment for 60 days during a | ||
public health disaster or other public health emergency; | ||
(4) successes and failures during previous public | ||
health disasters and other public health emergencies in this state, | ||
including successes and failures regarding procurement, storage, | ||
or distribution of personal protective equipment; | ||
(5) guidance on defining essential personnel based on | ||
different potential hazards; | ||
(6) geographical distribution of personal protective | ||
equipment; | ||
(7) guidance on establishing policies and standards to | ||
ensure health care workers and essential personnel have access to | ||
an adequate supply of personal protective equipment during a public | ||
health disaster or other public health emergency; and | ||
(8) the distribution prioritization when the supply of | ||
personal protective equipment is insufficient to meet the needs of | ||
health care workers and essential personnel requesting equipment, | ||
including considering whether the requestor is: | ||
(A) located in an area with a high density of | ||
low-income residents; | ||
(B) located in or disproportionately serves a | ||
medically underserved area as designated by the United States | ||
Department of Health and Human Services; and | ||
(C) located in a county with a high infection | ||
rate or high hospitalization rate related to a public health | ||
disaster or public health emergency. | ||
(b-1) In adopting rules under this section, the division | ||
shall consider the recommendations of the advisory committee. This | ||
subsection expires September 1, 2023. | ||
(c) The guidelines for personal protective equipment | ||
standards adopted under this section may not be less protective or | ||
stringent than federal, state, or local guidelines on personal | ||
protective equipment. | ||
Sec. 81.453. PERSONAL PROTECTIVE EQUIPMENT ADVISORY | ||
COMMITTEE. (a) The division shall establish the Personal | ||
Protective Equipment Advisory Committee composed of the following | ||
members appointed by the division: | ||
(1) one representative of an association representing | ||
different types of hospitals and health systems; | ||
(2) one representative of an association representing | ||
nursing facilities; | ||
(3) one representative of an association representing | ||
primary care clinics; | ||
(4) one representative of an association representing | ||
nurses; | ||
(5) one representative of an association representing | ||
home hospice care providers; | ||
(6) one representative of a statewide association | ||
representing physicians; | ||
(7) two representatives of labor organizations that | ||
represent essential personnel; | ||
(8) one representative from the personal protective | ||
equipment manufacturing industry; | ||
(9) one consumer representative; | ||
(10) one representative from an association | ||
representing counties; | ||
(11) one representative from the department; | ||
(12) one representative from the division; and | ||
(13) one representative from the commission. | ||
(b) The advisory committee shall make recommendations to | ||
the division as necessary on adopting rules under Section 81.452. | ||
(c) This section expires and the advisory committee is | ||
abolished September 1, 2023. | ||
SECTION 2. (a) The Texas Division of Emergency Management | ||
shall adopt rules necessary to implement Section 81.452, Health and | ||
Safety Code, as added by this Act, not later than September 1, 2022. | ||
(b) As soon as practicable after the effective date of this | ||
Act, the Texas Division of Emergency Management shall appoint | ||
members to the Personal Protective Equipment Advisory Committee | ||
established under Section 81.453, Health and Safety Code, as added | ||
by this Act. | ||
SECTION 3. 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, 2021. |