Health & Safety Code · ch. 81

Communicable Diseases and Public Health Disasters

Communicable Diseases and Public Health Disasters (ch. 81): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • DSHS commissioner and health authority powers
  • Quarantine / isolation / control measures
  • Local LE assists with enforcement
  • Criminal penalty: disobeying a published area-quarantine order is a third-degree felony (§81.085(h))

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Worked examples

Worked example 1

Public health emergency authority under HSC ch. 81:

  1. Police only
  2. Department of State Health Services (DSHS) commissioner has broad authority during a public health disaster — quarantine, isolation, control measures; local LE often enforces Correct
  3. Federal authorities only
  4. Doctors only
Why: Ch. 81 authorizes DSHS to declare disease control areas, issue quarantine and isolation orders, and direct enforcement. Local law enforcement commonly assists with enforcement and service of orders.
Statute: Tex. Health & Safety Code ch. 81 (Communicable Diseases)

Statutory definitions for this topic

Public health emergency authority Tex. Health & Safety Code ch. 81
If an outbreak of communicable disease occurs, the DSHS commissioner or a local health authority may impose an area quarantine and additional disease control measures (§81.085(a), (c)); health authorities may also order control measures for individuals and property (§§81.083–81.084). Peace officers may use reasonable force to secure a quarantine area and to prevent people from entering or leaving it (§81.085(j)).
Quarantine / isolation violation Tex. Health & Safety Code §81.085(h); §81.087
Knowingly failing or refusing to obey a published department rule, order, or instruction (or a health authority order issued under a department rule) during an area quarantine is a felony of the third degree (§81.085(h)). Knowingly refusing to perform or allow control measures ordered under §§81.083–81.086 is a Class B misdemeanor (§81.087).