Quarantine & Isolation

See our Stay-at-Home/Reopening page for information about current "stay-at-home" or "shelter-in-place" orders as well as orders lifting those restrictions.

See our Immigration & Travel page for more information on quarantine orders for travelers.

Texas Quarantine & Isolation Law

In Texas, orders for quarantine and isolation can be issued by local health authorities, the Department of State Health Services, and other government entities. Quarantine and isolation orders can be issued for individual people as well as geographic areas.

Texas Law

Texas Government Code, Chapter 418
This chapter, also known as the Texas Disaster Act, sets out the emergency powers of government entities in Texas. It provides a definition of what is considered a "disaster."
Section 81.003 of the Texas Health and Safety Code
This statute provides a definition of "public health disaster." Specifically, the definition states that a "state of disaster" must be declared by the Texas Governor and there must be a determination by the commissioner of the Texas Department of State Health Services that there exists an immediate threat from a communicable disease.
Texas Health and Safety Code, Chapter 81, Subchapter E
This subchapter sets out steps that can be taken by local health authorities and the Texas Department State Health Services during a declared "public health disaster."
Section 81.085 of the Texas Health and Safety Code
This statute gives the Commissioner of the Department of State Health Services or local health authorities the ability to declare a quarantine in a particular area of Texas. It also sets a criminal penalty for individuals who do not comply with such a quarantine.
Sections 122.005 - 122.006 of the Texas Health and Safety Code
These statutes gives certain types of municipalities the authority to issue and enforce quarantine rules.

Violations and Enforcement (Texas Law)

There are many overlapping state and local laws that discuss enforcement of quarantine, isolation, "stay at home," and "shelter in place" orders. Below we've collected a small number of laws related to enforcing quarantine or isolation orders that have been declared for geographic areas and individual people or groups. The list is not comprehensive.

Texas Health and Safety Code, Chapter 81, Subchapter D
Investigation and inspection actions that certain government officials may take related to controlling communicable diseases.

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- Section 81.064 - 81.065 — These statutes give certain government officials the right to perform disease-related inspections of certain individuals as well as public places. A public place is defined as an area, building, or vehicle that is not used for private residence.
- Section 81.066 — This statute creates a criminal penalty for an individual who, during the course of an investigation under this chapter, "knowingly conceals or attempts to conceal" the fact that they or their dependents have a communicable disease or have been exposed to a communicable disease that is a threat to the public health.
- Section 81.068 — This statute creates a criminal penalty for those who refuse entry or inspection related to communicable diseases by certain government officials.
Texas Health and Safety Code, Chapter 81, Subchapter E
Control measures that certain government entities may take upon individuals or geographic areas in order to control the spread of communicable diseases.

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- Section 81.082 — See (f) for a definition of "control measures."
- Section 81.083 — This statute describes control measures that may be taken for individuals or groups of 5 or more people. Subsection (e) states that individuals who do not comply with these measures may be subject to court orders under Ch. 81, Subchapter G (see below). Subsection (l) states that groups may also be subject to court orders and may face criminal penalties if they do not comply. Subsection (m) states that peace officers may use reasonable force to secure members of a group that are subject to a court order.
- Section 81.085 — This statute describes quarantine orders that may be placed on a geographic area and sets a penalty for violations. Subsection (h) states that violations of this statute are a felony offense. Subsection (j) states that peace officers may use "reasonable force" to secure a quarantine area.
- Section 81.086 — This statute describes control measures that may be brought against public and private modes of transportation as well as their operators, cargo, and passengers.
- Section 81.087 — This statue states that it is a misdemeanor to violate certain control measures ordered by a health authority or the Department of State Health Services described in Sections 81.083 – 81.086.
- Section 81.089 — This statute sets a criminal penalty for "knowingly or intentionally" bringing a person, object, or animal with a communicable disease that is a threat to the public health into this state without first notifying certain government officials.
Texas Health and Safety Code, Chapter 81, Subchapter G
Court orders for management of individuals with communicable diseases.

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- Section 81.151-81.160 — These statutes describe the process of seeking a court order for the management of a person or group of people with a communicable disease.
- Section 81.161-81.168 — These statues describe protective custody orders that may be sought for those with communicable diseases who refuse to comply with certain control measures set out in Subchapter E (see above). Sec. 81.163 states that individuals or groups may be apprehended under such an order. Section 81.167 describes detention in protective custody for those subject to such an order.
- Section 81.169-81.197 — These statutes describe court orders for temporary management, extended management, care or commitment, or outpatient services. Sections 81.189-81.191 state that a person subject to an order for extended management may seek a reexamination and may appeal the decision of a reexamination hearing.
- Section 81.201 — This statute states that individuals may seek a writ of habeas corpus if they are detained.
- Section 81.204-81.209 — These statutes describe the rights of those receiving treatment under this chapter.
- Section 81.212 — This statutes creates a criminal offense for a person who is subject to a protective custody order or temporary detention order issued by a court under this subchapter and who resists or evades apprehension or transport to a designated facility. It also creates an offense for those who assist a person subject to such an order in evading apprehension or transport.
What Could Happen If I Refuse to Self-Quarantine? (TexasLawHelp.org)
This FAQ describes what could happen if a person infected with COVID-19 refuses to self-quarantine if they are asked to after being found to be infected with a communicable disease.

Federal Quarantine & Isolation Law

Though there is debate concerning the interpretation of the U.S. Constitution, generally speaking, the federal government has the authority to issue quarantines related to interstate activities as well as entry and exit through the nation's borders. See the CDC's page on quarantine law for more information.

Federal Laws & Rules

Chapter 6A, Subchapter II, Part G in Title 42 of the U.S. Code
These federal laws set out the powers and duties of the federal government related to quarantines and inspections for preventing the spread of communicable diseases.
Code of Federal Regulations, Title 42, Chapter 1, Subchapter F
These federal rules set out specific rules for both interstate and foreign quarantines.

Understanding the Law

Legal Authorities for Isolation and Quarantine (CDC)
This page from the Centers for Disease Control and Prevention (CDC) has information on the federal government's authority to issue a quarantine.
Responsibilities in a Public Health Emergency (National Council of State Legislatures)
This chart shows laws that give the federal government the authority to take action during a public health emergency.
Specific Laws and Regulations Governing the Control of Communicable Diseases (CDC)
This page from the Centers for Disease Control and Prevention (CDC) provides links to specific laws, rules, and executive orders related to federal quarantine. It also has information on recent updates to the law.
Your Legal Rights in a Quarantine, Explained (3/11/2020)
This article describes individuals' rights during a national or state quarantine order.

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