Property - Texas Department of State Health Services

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NOTICE TO PERSON WHO OWNS OR CONTROLS
PROPERTY:
QUARANTINE OF PROPERTY
To: (name of person and address to which notice will be sent)
Date: ___________________
This notice is issued under the Texas Health and Safety Code, § 81.084 relating to the application of control measures to
property. I am the local health authority for the (County of _______________) (City of _________________) (public health
district for the City of ______________and/or County of ______________). As the local health authority, I am authorized by
law to issue this notice.
Based on information available, you have been identified as the (owner) (person in control) (registered agent for the corporate
owner) (registered agent for the corporate person in control) of the following property located within the (County of
___________) (City of _____________): (describe property).
As the local health authority, I have reasonable cause to believe that the described property is or may be infected or
contaminated with a communicable disease. Specifically, (briefly describe disease and information relating to the possible
infection or contamination).
The property is hereby placed in quarantine for the period of time necessary for a medical examination or technical analysis
of samples taken from the property to determine if the property is infected or contaminated. The examination or analysis will
be performed by my office or under the direction of my office. The Texas Department of Health may also be involved in the
examination or analysis. You are not required to perform the examination or analysis. You will not be required to pay for the
examination or analysis.
(In addition, I have or will shortly tag the following object(s) for identification of possible infection or contamination:
(describe objects).)
You must cooperate in allowing this notice to be put into effect. If the property is not infected or contaminated, the
quarantine will be removed and control of the property will be returned to you.
If the property is infected or contaminated, I will issue a written order under which control measures to disinfect or
decontaminate the property, to secure the property, or to destroy the property may be required.
(All ingress to and egress from the property is forbidden, except for authorized health and law enforcement personnel.)
If the property is land or a structure or an animal or other property on land, this notice shall be posted on the land and on the
courthouse door for the County of _______________.
There are penalties for noncompliance with this notice. It is a crime to knowingly refuse to perform or allow the performance
of control measures on property as ordered by a local health authority or the Texas Department of Health or to knowingly
conceal an infected object that is the subject of an investigation by either. Both crimes are Class B misdemeanors and could
result in up to 180 days in jail and/or up to a $2,000 fine.
If you have any questions, please contact (me by the means described below) (______________________).
This notice is issued under my authority as the local health authority for the (County of _______________) (City of
______________) (public health district for County of ___________________and/or City of ________________).
(This notice is issued under my authority as the Texas Department of Health regional director for the region that encompasses
the described property. I am authorized by law to perform the duties of the local health authority because there is no
appointed local health authority for the jurisdiction that includes the property.)
Signature: ___________________________________________________________________________________
Date:_______________________________________________________________________________________
Printed name: ________________________________________________________________________________
Physical address: _____________________________________________________________________________
Mailing address:______________________________________________________________________________
Telephone: __________________________________________________________________________________
Email:______________________________________________________________________________________
Fax: _______________________________________________________________________________________
ORDER OF CONTROL MEASURES TO BE IMPOSED ON
PROPERTY
To: (name of person and address where order will be sent)
Date issued: ________________
This order is issued under the Texas Health and Safety Code, § 81.084 relating to the application of control measures to
property. I am the local health authority for the (County of _______________) (City of _________________) (public health
district for the City of ______________and/or County of ______________). As the local health authority, I am authorized by
law to issue this order.
You have previously been issued a notice of the quarantine of certain property for which you are the (owner) (person in
control) (registered agent for the corporate owner) (registered agent for the corporate person in control) of the property. A
copy of the notice, including the property description, is attached and made a part of this order.
A medical examination or technical analysis of samples taken from the described property has been performed. The property
is infected or contaminated with a communicable disease. Specifically, (briefly describe disease and information relating to
the infection or contamination).
__________
Option 1: You are ordered to impose the following control measures that are technically feasible to disinfect or
decontaminate the property: (describe control measures that the person is required to impose). You are required to put these
control measures into place or ensure that they are put into place. You are required to pay for these control measures (except
as follows: describe any of the measures which the city, county, district, or other entity will conduct and/or fund.)
If the control measures are effective, this quarantine shall be removed and control of the property will be returned to you. If
the control measures are ineffective, or if it is determined that there is not a technically feasible control measure available for
use, further orders, including court orders, may be issued. A court order may also be issued if there is an immediate threat to
the public health.
_________
Option 2: It has been determined that there is not a technically feasible control measure available for use to disinfect or
decontaminate the property (or the control measures previously ordered for this property have been ineffective). Therefore,
the quarantine is continued and you are ordered to do the following: (to destroy the property in a manner that disinfects or
decontaminates the property to prevent the spread of infection or contamination by the following means:___________) ( to
securely fence the perimeter of the property) (to securely fence the following part of the property:_________________) (to
securely seal off the following infected or contaminated structure or other property on the described property to prevent entry
into the infected or contaminated area until the quarantine is removed: __________________).
You are required to put these control measures into place or ensure that they are put into place. You are required to pay for
these control measures (except as follows: describe any of the measures which the city, county, district, or other entity will
conduct and/or fund.)
________
There are penalties for noncompliance with this order. You may be assessed all expenses of implementing control measures,
court costs, and other justifiable expenses. You may be assessed expenses for the costs of control measures performed by the
Texas Department of Health’s or local health authority’s employees. No assessment of such costs or expenses is being made
at this time.
Criminal penalties are also possible. It is a crime to knowingly refuse to perform or allow the performance of control
measures on property as ordered by a local health authority or the Texas Department of Health or to knowingly conceal an
infected object that is the subject of an investigation by either. Both crimes are Class B misdemeanors and could result in up
to 180 days in jail and/or up to a $2,000 fine.
If you have any questions, please contact (me by the means described below) (______________________).
This order is issued under my authority as the local health authority for the (County of _______________) (City of
______________) (public health district for County of ___________________and/or City of ________________).
(This order is issued under my authority as the Texas Department of Health regional director for the region that encompasses
the described property. I am authorized by law to perform the duties of the local health authority because there is no
appointed local health authority for the jurisdiction that includes the property.)
Signature: ___________________________________________________________________________________
Date:_______________________________________________________________________________________
Printed name: ________________________________________________________________________________
Physical address: _____________________________________________________________________________
Mailing address:______________________________________________________________________________
Telephone: __________________________________________________________________________________
Email:______________________________________________________________________________________
Fax: _______________________________________________________________________________________
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