HBA-JEK H.B. 2583 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2583
By: Chavez
Corrections
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Department of Health reports that the severe health effects of
hepatitis infection, especially hepatitis C, make the disease a serious
public health concern.  Recent studies indicate that one third of the Texas
inmate population may already be infected with hepatitis C, a sometimes
lethal inflamation of the liver that can be contracted through intravenous
drug use, sexual contact, and tattooing and skin-piercing procedures.
Inmates released from prison may be contributing to the spread of hepatitis
C in the general population.  House Bill 2583 requires the Texas Department
of Criminal Justice to test certain incarcerated individuals for AIDS,
hepatitis, or HIV infection, and to integrate hepatitis education into its
existing AIDS/HIV education programs.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2583 amends the Government Code to require the institutional and
state jail divisions (divisions) of the Texas Department of Criminal
Justice (TDCJ) to test an inmate confined in a facility operated by the
divisions for AIDS, hepatitis, or HIV infection if the inmate is 22 years
of age or older and has been sentenced to a term of confinement of more
than two years in a penal institution.  The bill authorizes the
institutional division to test any other inmate confined in one of its
facilities for AIDS, hepatitis, or HIV infection, and the state jail
division to test a defendant for AIDS, hepatitis, or HIV infection. 

H.B. 2583 requires TDCJ in conjunction with the Texas Department of Health
to establish education programs to educate inmates and TDCJ employees about
hepatitis.  The bill also requires TDCJ  to maintain the confidentiality of
inmate test results that indicate the presence of hepatitis or AIDS and to
adopt a policy for handling persons who have hepatitis and are in the
custody of TDCJ.  The bill requires TDCJ to establish the programs, adopt
the policies, and initiate the testing procedures required by this bill no
later than January 1, 2002. 

EFFECTIVE DATE

September 1, 2001.