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Ex. DUT-TX-001 Standing duty Primary source read

Tex. Health & Safety Code § 81.002

Responsibility of State and Public

Texas Legislature (Health and Safety Code, Title 2, Subtitle D, Chapter 81, Communicable Disease Prevention and Control Act) · Texas (State)

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The record

Jurisdiction
Texas
Level
State
Authority
Tex. Health & Safety Code § 81.002
Issued
1989-09-01 Sept. 1, 1989
Effective
standing (read as 1989-09-01)
End
standing (read as 2021-09-30)
In force
Standing since Sept. 1, 1989 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing duty
Addressees
  • persons generally (each person, including employers and owners or persons in control of premises)
Character
statutory duty
Collection
Standing duties: Texas DUT-TX

Operative words

The state has a duty to protect the public health. Each person shall act responsibly to prevent and control communicable disease.

Penalty

No penalty in the section itself; the duty is enforced through the control-measure orders and offenses of §§ 81.083 to 81.087 (Exs. DUT-TX-003 to DUT-TX-006), the area-quarantine felony of § 81.085(h) (Ex. DUT-TX-005) and the public-health-nuisance offenses of ch. 341 (Ex. DUT-TX-017).

What it required

Every person in Texas, which includes every employer and every owner or operator of premises, was under a standing statutory command to act responsibly to prevent and control communicable disease, the command the Commissioner of State Health Services invoked in the public health disaster declaration of March 19, 2020 (Ex. DUT-TX-008).

Retrieval note

The exhibit is the Texas Legislative Council's official chapter page as archived December 6, 2020, so it is the text in force during the claim period. Records DUT-TX-001 to DUT-TX-006 are sections of this one exhibit. The Department of State Health Services' release of March 19, 2020 (Ex. DUT-TX-008) reads § 81.002 as reaching 'People, businesses and communities.'.