Tex. Health & Safety Code Section 81.085
Area Quarantine; Criminal Penalty


(a)

If an outbreak of communicable disease occurs in this state, the commissioner or one or more health authorities may impose an area quarantine coextensive with the area affected. The commissioner may impose an area quarantine, if the commissioner has reasonable cause to believe that individuals or property in the area may be infected or contaminated with a communicable disease, for the period necessary to determine whether an outbreak of communicable disease has occurred. A health authority may impose the quarantine only within the boundaries of the health authority’s jurisdiction.

(b)

A health authority may not impose an area quarantine until the authority consults with the department. A health authority that imposes an area quarantine shall give written notice to and shall consult with the governing body of each county and municipality in the health authority’s jurisdiction that has territory in the affected area as soon as practicable.

(c)

The department may impose additional disease control measures in a quarantine area that the department considers necessary and most appropriate to arrest, control, and eradicate the threat to the public health. Absent preemptive action by the department under this chapter or by the governor under Chapter 418 (Emergency Management), Government Code (Texas Disaster Act of 1975), a health authority may impose in a quarantine area under the authority’s jurisdiction additional disease control measures that the health authority considers necessary and most appropriate to arrest, control, and eradicate the threat to the public health.

(d)

If an affected area includes territory in an adjacent state, the department may enter into cooperative agreements with the appropriate officials or agencies of that state to:

(1)

exchange morbidity, mortality, and other technical information;

(2)

receive extrajurisdictional inspection reports;

(3)

coordinate disease control measures;

(4)

disseminate instructions to the population of the area, operators of interstate private or common carriers, and private vehicles in transit across state borders; and

(5)

participate in other public health activities appropriate to arrest, control, and eradicate the threat to the public health.

(e)

The department or health authority may use all reasonable means of communication to inform persons in the quarantine area of the department’s or health authority’s orders and instructions during the period of area quarantine. The department or health authority shall publish at least once each week during the area quarantine period, in a newspaper of general circulation in the area, a notice of the orders or instructions in force with a brief explanation of their meaning and effect. Notice by publication is sufficient to inform persons in the area of their rights, duties, and obligations under the orders or instructions.

(f)

The department or, with the department’s consent, a health authority may terminate an area quarantine.

(g)

To provide isolation and quarantine facilities during an area quarantine, the commissioner’s court of a county, the governing body of a municipality, or the governing body of a hospital district may suspend the admission of patients desiring admission for elective care and treatment, except for needy or indigent residents for whom the county, municipality, or district is constitutionally or statutorily required to care.

(h)

A person commits an offense if the person knowingly fails or refuses to obey a rule, order, or instruction of the department or an order or instruction of a health authority issued under a department rule and published during an area quarantine under this section. An offense under this subsection is a felony of the third degree.

(i)

On request of the department during a public health disaster, an individual shall disclose the individual’s immunization information. If the individual does not have updated or appropriate immunizations, the department may take appropriate action during a quarantine to protect that individual and the public from the communicable disease.

(j)

A peace officer, including a sheriff or constable, may use reasonable force to:

(1)

secure a quarantine area; and

(2)

except as directed by the department or health authority, prevent an individual from entering or leaving the quarantine area.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.182, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 314 (H.B. 1690), Sec. 4, eff. June 14, 2013.

Source: Section 81.085 — Area Quarantine; Criminal Penalty, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­81.­htm#81.­085 (accessed Mar. 23, 2024).

81.001
Short Title
81.002
Responsibility of State and Public
81.003
Definitions
81.004
Administration of Chapter
81.005
Contracts
81.006
Funds
81.007
Limitation on Liability
81.008
Communicable Disease in Animals
81.009
Exemption from Medical Treatment
81.011
Request for Information
81.012
Designated Infection Control Officer
81.013
Consideration of Federal Law and Regulations
81.014
Long-term Care Facility Infection Prevention and Control Program
81.015
Antimicrobial Stewardship Regional Advisory Committees
81.016
Personal Protective Equipment Reserve Advisory Committee
81.021
Protection of Public Health
81.022
Health Education
81.023
Immunization
81.024
Reports by Department
81.027
Trauma Service Area Regional Advisory Council Data Collection and Reporting
81.041
Reportable Diseases
81.042
Persons Required to Report
81.043
Records and Reports of Health Authority
81.044
Reporting Procedures
81.045
Reports of Death
81.046
Confidentiality
81.047
Epidemiological Reports
81.048
Notification of Emergency Response Employee or Volunteer
81.049
Failure to Report
81.050
Mandatory Testing of Persons Suspected of Exposing Certain Other Persons to Reportable Diseases, Including Hiv Infection
81.051
Partner Notification Programs
81.052
Reports and Analyses Concerning Aids and Hiv Infection
81.053
Data Quality Assurance
81.061
Investigation
81.062
Witnesses
81.063
Samples
81.064
Inspection
81.065
Right of Entry
81.066
Concealing Communicable Disease or Exposure to Communicable Disease
81.067
Concealing, Removing, or Disposing of an Infected or Contaminated Animal, Object, Vehicle, Watercraft, or Aircraft
81.068
Refusing Entry or Inspection
81.081
Department’s Duty
81.082
Administration of Control Measures
81.083
Application of Control Measures to Individual
81.084
Application of Control Measures to Property
81.085
Area Quarantine
81.086
Application of Control Measures to Private and Common Carriers and Private Conveyances
81.087
Violation of Control Measure Orders
81.088
Removal, Alteration, or Destruction of Quarantine Devices
81.089
Transportation
81.090
Diagnostic Testing During Pregnancy and After Birth
81.091
Ophthalmia Neonatorum Prevention
81.092
Contracts for Services
81.093
Persons Prosecuted for Certain Crimes
81.094
Testing by Hospitals of Persons Indicted for Certain Crimes
81.095
Testing for Accidental Exposure
81.101
Definitions
81.102
Tests
81.103
Confidentiality
81.104
Injunction
81.105
Informed Consent
81.106
General Consent
81.107
Consent to Test for Certain Accidental Exposures
81.108
Testing by Insurers
81.109
Counseling Required for Positive Test Results
81.151
Application for Court Order
81.152
Form of Application
81.153
Appointment of Attorney
81.154
Setting on Application
81.155
Notice
81.156
Disclosure of Information
81.157
District Court Jurisdiction
81.158
Affidavit of Medical Evaluation
81.159
Designation of Facility
81.160
Liberty Pending Hearing
81.161
Motion for Order of Protective Custody
81.162
Issuance of Order
81.163
Apprehension Under Order
81.164
Appointment of Attorney
81.165
Probable Cause Hearing
81.166
Order for Continued Detention
81.167
Detention in Protective Custody
81.168
Release from Detention
81.169
General Provisions Relating to Hearing
81.170
Right to Jury
81.171
Release After Hearing
81.172
Order for Temporary Management
81.173
Order for Extended Management
81.174
Order of Care or Commitment
81.175
Court-ordered Outpatient Services
81.176
Designation of Facility
81.177
Commitment to Private Facility
81.178
Commitment to Federal Facility
81.179
Transportation of Person
81.180
Writ of Commitment
81.181
Acknowledgement of Delivery
81.182
Modification of Order for Inpatient Treatment
81.183
Motion for Modification of Order for Outpatient Treatment
81.184
Order for Temporary Detention
81.185
Apprehension and Release Under Order for Temporary Detention
81.186
Order of Modification of Order for Outpatient Services
81.187
Renewal of Order for Extended Management
81.188
Motion for Rehearing
81.189
Request for Reexamination
81.190
Hearing on Request for Reexamination
81.191
Appeal
81.192
Continuing Care Plan Before Discharge
81.193
Pass from Inpatient Care
81.194
Return to Facility
81.195
Discharge on Expiration of Court Order
81.196
Discharge Before Expiration of Court Order
81.197
Certificate of Discharge
81.198
Authorization for Admission
81.199
Transfer to Federal Facility
81.200
Transfer of Records
81.201
Writ of Habeas Corpus
81.202
Effect on Guardianship
81.203
Confidentiality of Records
81.204
Rights Subject to Limitation by Head of Facility
81.205
Notification of Rights
81.206
General Rights Relating to Treatment
81.207
Adequacy of Treatment
81.208
Periodic Examination
81.209
Use of Physical Restraint
81.210
Costs
81.211
Filing and Status of Foreign Court Orders
81.212
Evading or Resisting Apprehension or Transport
81.301
Definitions
81.302
Applicability of Subchapter
81.303
Exposure Control Plan
81.304
Minimum Standards
81.305
Needleless Systems
81.306
Sharps Injury Log
81.351
Definition
81.352
Warning Sign Required
81.353
Administrative Penalty
81.401
Definition
81.402
Purpose and Findings
81.403
Task Force
81.404
Appointment of Members
81.405
Reports
81.406
Meetings
81.407
Administrative Support
81.408
Reimbursement
81.0443
Standardized Information Sharing Method
81.0444
Hospital to Report
81.0445
Provision of Information to Public During Public Health Disaster
81.0495
Failure to Report
81.0813
Authority to Declare Public Health Disaster or Order Public Health Emergency
81.0814
Consultation with Task Force on Infectious Disease Preparedness and Response
81.0815
Failure to Report
81.0821
Legislative Public Health Oversight Board
81.0955
Testing for Accidental Exposure Involving a Deceased Person
81.1511
Applicability of Subchapter to Group
81.1531
Appointment of Attorney for Group

Accessed:
Mar. 23, 2024

§ 81.085’s source at texas​.gov