Sec. 81.003. DEFINITIONS. In this chapter:
(1) "Communicable disease" means an illness that occurs through the transmission of an infectious agent or its toxic products from a reservoir to a susceptible host, either directly, as from an infected person or animal, or indirectly through an intermediate plant or animal host, a vector, or the inanimate environment.
(1-a) "Emergency response employee or volunteer" means an individual acting in the course and scope of employment or service as a volunteer as emergency medical service personnel, a peace officer, a detention officer, a county jailer, or a fire fighter.
(1-b) "Designated infection control officer" means the person serving as an entity's designated infection control officer under Section 81.012.
(2) "Health authority" means:
(A) a physician appointed as a health authority under Chapter 121 (Local Public Health Reorganization Act) or the health authority's designee; or
(B) a physician appointed as a regional director under Chapter 121 (Local Public Health Reorganization Act) who performs the duties of a health authority or the regional director's designee.
(3) "Health professional" means an individual whose:
(A) vocation or profession is directly or indirectly related to the maintenance of the health of another individual or of an animal; and
(B) duties require a specified amount of formal education and may require a special examination, certificate or license, or membership in a regional or national association.
(4) "Local health department" means a department created under Chapter 121 (Local Public Health Reorganization Act).
(4-a) "Long-term care facility" means a facility licensed or regulated under Chapter 242, 247, or 252.
(4-b) "Peace officer" has the meaning assigned by Article 2.12, Code of Criminal Procedure. The term includes a sheriff or constable.
(5) "Physician" means a person licensed to practice medicine by the Texas Medical Board.
(6) "Public health district" means a district created under Chapter 121 (Local Public Health Reorganization Act).
(7) "Public health disaster" means:
(A) a declaration by the governor of a state of disaster; and
(B) a determination by the commissioner that there exists an immediate threat from a communicable disease, health condition, or chemical, biological, radiological, or electromagnetic exposure that:
(i) poses a high risk of death or serious harm to the public; and
(ii) creates a substantial risk of harmful public exposure.
(7-a) "Public health emergency" means a determination by the commissioner, evidenced in an emergency order issued by the commissioner, that there exists an immediate threat from a communicable disease, health condition, or chemical, biological, radiological, or electromagnetic exposure that:
(A) potentially poses a risk of death or severe illness or harm to the public; and
(B) potentially creates a substantial risk of harmful exposure to the public.
(8) "Reportable disease" means a disease or condition included in the list of reportable diseases and includes a disease that is designated as reportable under Section 81.048.
(9) "Resident of this state" means a person who:
(A) is physically present and living voluntarily in this state;
(B) is not in the state for temporary purposes; and
(C) intends to make a home in this state, which may be demonstrated by the presence of personal effects at a specific abode in the state; employment in the state; possession of a Texas driver's license, motor vehicle registration, voter registration, or other similar documentation; or other pertinent evidence.
(10) "School authority" means:
(A) the superintendent of a public school system or the superintendent's designee; or
(B) the principal or other chief administrative officer of a private school.
(11) "Sexually transmitted disease" means an infection, with or without symptoms or clinical manifestations, that may be transmitted from one person to another during, or as a result of, sexual relations between two persons and that may:
(A) produce a disease in, or otherwise impair the health of, either person; or
(B) cause an infection or disease in a fetus in utero or a newborn.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.167, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 314 (H.B. 1690), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0216, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1278 (S.B. 1574), Sec. 4, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 786 (H.B. 1848), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 861 (S.B. 966), Sec. 3, eff. June 16, 2021.
Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 8, eff. June 16, 2021.
Structure Texas Statutes
Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies
Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies
Subchapter A. General Provisions
Section 81.002. Responsibility of State and Public
Section 81.004. Administration of Chapter
Section 81.007. Limitation on Liability
Section 81.008. Communicable Disease in Animals; Exchange of Information
Section 81.009. Exemption From Medical Treatment
Section 81.011. Request for Information
Section 81.012. Designated Infection Control Officer
Section 81.013. Consideration of Federal Law and Regulations
Section 81.014. Long-Term Care Facility Infection Prevention and Control Program
Section 81.015. Antimicrobial Stewardship Regional Advisory Committees
Section 81.016. Personal Protective Equipment Reserve Advisory Committee
Section 81.016. Availability of Data Regarding Public Health Disaster