(The information provided below is the interpretation of the DSHS Office of General Counsel and should not be substituted for consultation with an attorney.)
Communicable Disease Control Measures in Texas A Guide for Health Authorities in a Public Health Emergency
The laws and rules cited in the Guide are current as of May 1, 2007.
Health Authority Order - Health Authority's Affidavit of Medical Evaluation - Commissioner's Designation of Health Facility MS Word 32 KB
Notice to Person Who Owns or Controls Property: Quarantine of Property MS Word 38 KB
Order Declaring an Area Quarantine MS Word 27 KB
Order for Collection of Information on Detained Common Carrier MS Word 46 KB
Authority to Close Schools to Control Communicable Disease .pdf 38 KB
One-page Summaries of Disaster-Related Legal Issues Prepared by the DSHS Office of General Counsel:
Immunity under Public Readiness and Emergency Preparedness (PREP) Act .pdf 16 KB
H1N1 Influenza and Immunity under Public Readiness and Emergency Preparedness Act .pdf 15 KB
Liability of State Government Employees .pdf 20 KB
Liability of Local Government Employees .pdf 20 KB
Liability of Volunteers for Government Agencies .pdf 20 KB
Liability of Volunteers for Non-Profit Agencies .pdf 20 KB
Liability of Physicians Under Contract With State Government
Liability Under Interlocal Agreements Concerning Homeland Security .pdf 10 KB
Disclosure of Protected Health Information to Government to Locate Persons .pdf 13 KB
Exceptions That Allow Disclosure of Protected Health Information Under HIPAA .pdf 10 KB
Consent for Nonemergency Medical Care of a Minor in a Disaster .pdf 13 KB
Consent for Emergency Medical Care of a Minor in a Disaster .pdf 11 KB
Consent to Immunization of a Minor in a Disaster .pdf 13 KB
Area Quarantine: Radioactive Substances .pdf 9 KB
Area Quarantine for Toxic Substances .pdf 10 KB
Practice of Out-of-State Counselors During a Disaster .pdf 13 KB
Health Facility Licensing in the Event of a Disaster .pdf 10 KB
Emergency Room Closures During a Disaster .pdf 9 KB
Issuance of Death Certificates in a Disaster .pdf 10 KB
Summary of Statutory Provisions Affecting the Liability of Providers in a Public Health Emergency (Updated September 22, 2009)
.pdf 59 KB
Frequently Asked Legal Questions on the Confidentiality of Terrorism Documents (Current as of April 27, 2006)
.pdf 24 KB
Attorney General Open Records Letter Opinions Concerning Terrorism or Terrorist Activities (Updated May 2007)
.pdf 225 KB
Mass Fatality Management, Legal Authorities (Current as of February 7, 2008)
.pdf 31 KB
Web Sources for Public Health Law and Legal Preparedness:
Texas Health and Safety Code, Chapter 81: Communicable Disease Act
DSHS Local and Regional Services website – Local Health Authority
Texas Government Code, Chapter 418: Texas Disaster Act
Texas Health and Safety Code, Chapter 778: Texas Emergency Management Assistance Compact (EMAC)
National EMAC Web Site
Home page of the CDC’s Public Health Law Program (Federal)
SARS Information for Public Health Lawyers (CDC, Federal)
The Center for Law and the Public’s Health at Georgetown and Johns Hopkins Universities
The Model State Emergency Health Powers Act
Public Health Law Statute Modernization, Turning Point
External links to other sites are intended to be informational and do not have the endorsement of the Texas Department of State Health Services. These sites may also not be accessible to people with disabilities.