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Ex. DUT-TX-003 Standing duty Primary source read

Tex. Health & Safety Code § 81.083

Application of Control Measures to Individual

Texas Legislature (Health and Safety Code ch. 81, Subchapter E) · Texas (State)

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The record

Jurisdiction
Texas
Level
State
Authority
Tex. Health & Safety Code § 81.083(b), (k)
Issued
1989-09-01 Sept. 1, 1989
Effective
standing (read as 1989-09-01)
End
standing (read as 2021-09-30)
In force
Standing since Sept. 1, 1989 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Quarantine and isolationStanding duty
Addressees
  • persons generally (individuals and groups of five or more)
Character
statutory authority
Collection
Standing duties: Texas DUT-TX

Operative words

If the department or a health authority has reasonable cause to believe that an individual is ill with, has been exposed to, or is the carrier of a communicable disease, the department or health authority may order the individual... to implement control measures that are reasonable and necessary to prevent the introduction, transmission, and spread of the disease in this state.

Penalty

Tex. Health & Safety Code § 81.087: Class B misdemeanor (fine to $2,000, confinement to 180 days, or both; Penal Code § 12.22, Ex. DUT-TX-019)

What it required

Any individual, and under subsection (k) every member of a group of five or more, believed to be ill with, exposed to or a carrier of a communicable disease was bound to implement the control measures the department or health authority ordered (isolation, quarantine, restriction), which is the legal basis on which the exclusion of symptomatic and exposed employees from the workplace rested; subsection (l)(6) recites that 'a criminal penalty applies' to a group member who 'knowingly refuses to perform or allow the performance of the control measures in the order.' Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Subsection (m) authorizes peace officers to use reasonable force to secure compliance. The employee-screening and send-home protocols of the DSHS checklists (Exs. TX-043, DUT-TX-020) operate on the individuals this section reaches.