Texas § HS.81.1511 - APPLICABILITY OF SUBCHAPTER TO GROUP

§ HS.81.1511. APPLICABILITY OF SUBCHAPTER TO GROUP

APPLICABILITY OF SUBCHAPTER TO GROUP. To the extent possible, and except as otherwise provided, if a group application is filed under Section 81.151 (e), the provisions of this subchapter apply to the group in the same manner as they apply to an individual, except that: (1) except as provided by Subdivision (2), any statement or determination regarding the conduct or status of a person must be made in regard to the majority of the members of the group; (2) any finding or statement related to compliance with orders under Section 81.083 must be made for the entire group; (3) any notice required to be provided to a person must: (A) in addition to being sent to each individual in the group for whom the department or health authority has an address, be published in a newspaper of general circulation in the county that includes the area of the suspected contamination and any other county in which the department or health authority suspects a member of the group resides; (B) state that the group is appointed an attorney but that a member of the group is entitled to the member's own attorney on request; and (C) include instructions for any person who reasonably suspects that the person was at the place of the suspected exposure at the time of the suspected exposure to provide the person's name, address, and county of residence to the department or health authority; and (4) an affidavit of medical evaluation for the group may be based on evaluation of one or more members of the group if the physician reasonably believes that the condition of the individual or individuals represents the condition of the majority of the members of the group. Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11 ), Sec. 14.04, eff. September 1, 2007.