Tex. Health & Safety Code Section 81.086
Application of Control Measures to Private and Common Carriers and Private Conveyances


(a)

This section applies to any private or common carrier or private conveyance, including a vehicle, aircraft, or watercraft, while the vehicle or craft is in this state.

(b)

If the department or health authority has reasonable cause to believe that a carrier or conveyance has departed from or traveled through an area infected or contaminated with a communicable disease, the department or health authority may order the owner, operator, or authorized agent in control of the carrier or conveyance to:

(1)

stop the carrier or conveyance at a port of entry or place of first landing or first arrival in this state; and

(2)

provide information on passengers and cargo manifests that includes the details of:

(A)

any illness suspected of being communicable that occurred during the journey;

(B)

any condition on board the carrier or conveyance during the journey that may lead to the spread of disease; and

(C)

any control measures imposed on the carrier or conveyance, its passengers or crew, or its cargo or any other object on board during the journey.

(c)

The department or health authority may impose necessary technically feasible control measures under Section 81.083 (Application of Control Measures to Individual) or 81.084 (Application of Control Measures to Property) to prevent the introduction and spread of communicable disease in this state if the department or health authority, after inspection, has reasonable cause to believe that a carrier or conveyance that has departed from or traveled through an infected or contaminated area:

(1)

is or may be infected or contaminated with a communicable disease;

(2)

has cargo or an object on board that is or may be infected or contaminated with a communicable disease; or

(3)

has an individual on board who has been exposed to, or is the carrier of, a communicable disease.

(d)

The owner or operator of a carrier or conveyance placed in quarantine by order of the department or health authority, or of a county or district court under Section 81.083 (Application of Control Measures to Individual) or 81.084 (Application of Control Measures to Property), shall bear the expense of the control measures employed to disinfect or decontaminate the carrier or conveyance. The department or health authority, as appropriate, shall charge and be reimbursed for the cost of control measures performed by the department’s or health authority’s employees. The department shall deposit the reimbursements to the credit of the general revenue fund to be used to administer this chapter. A health authority shall distribute the reimbursements to each county, municipality, or other governmental entity in an amount proportional to that entity’s contribution to the quarantine and control expense.

(e)

The owner or claimant of cargo or an object on board the carrier or conveyance shall pay the expense of the control measures employed in the manner provided by Section 81.084 (Application of Control Measures to Property). The cost of services rendered or provided by the department or health authority is subject to reimbursement as provided by Subsection (d).

(f)

A crew member, passenger, or individual on board the carrier or conveyance shall pay the expense of control measures employed under Section 81.083 (Application of Control Measures to Individual). The state may pay the expenses of an individual who is:

(1)

without the financial means to pay for part or all of the required medical care or treatment; and

(2)

not eligible for benefits under an insurance contract, group policy, or prepaid health plan, or benefits provided by a federal, state, or local medical assistance program, as provided by Section 81.083 (Application of Control Measures to Individual).

(g)

A carrier, a conveyance, cargo, an object, an animal, or an individual placed in quarantine under this section may not be removed from or leave the area of quarantine without the department’s or health authority’s permission.

(h)

If the department or health authority has reasonable cause to believe that a carrier or conveyance is transporting cargo or an object that is or may be infected or contaminated with a communicable disease, the department or health authority may:

(1)

require that the cargo or object be transported in secure confinement or sealed in a car, trailer, hold, or compartment, as appropriate, that is secured on the order and instruction of the department or health authority, if the cargo or object is being transported through this state;

(2)

require that the cargo or object be unloaded at an alternate location equipped with adequate investigative and disease control facilities if the cargo or object is being transported to an intermediate or ultimate destination in this state that cannot provide the necessary facilities; and

(3)

investigate and, if necessary, quarantine the cargo or object and impose any required control measure as authorized by Section 81.084 (Application of Control Measures to Property).

(i)

The department or health authority may require an individual transported by carrier or conveyance who the department or health authority has reasonable cause to believe has been exposed to or is the carrier of a communicable disease to be isolated from other travelers and to disembark with the individual’s personal effects and baggage at the first location equipped with adequate investigative and disease control facilities, whether the person is in transit through this state or to an intermediate or ultimate destination in this state. The department or health authority may investigate and, if necessary, isolate or involuntarily hospitalize the individual until the department or health authority approves the discharge as authorized by Section 81.083 (Application of Control Measures to Individual).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.183, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0235, eff. April 2, 2015.

Source: Section 81.086 — Application of Control Measures to Private and Common Carriers and Private Conveyances, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­81.­htm#81.­086 (accessed Apr. 13, 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:
Apr. 13, 2024

§ 81.086’s source at texas​.gov