83R13651 SCL-F
By: McClendon, Naishtat, Coleman, H.B. No. 3238
J. Davis of Harris, Zerwas
Substitute the following for H.B. No. 3238:
By: Farias C.S.H.B. No. 3238
A BILL TO BE ENTITLED
AN ACT
relating to disease control pilot programs to reduce the risk of
certain communicable diseases; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that because drug abuse
has been a tragedy for many Texas families, it is imperative that
individuals addicted to drugs receive education and treatment for
addiction. Working with community-based and faith-based
organizations creates a network of support for Texas families and
the opportunity to intervene in drug addiction. Members of
community-based and faith-based organizations have a strong desire
to compassionately work to preserve lives and offer help to those
stricken with disease and drug addiction.
Allowing for the operation of disease control pilot programs
will reduce the transmission of bloodborne diseases, such as
HIV/AIDS, hepatitis B, and hepatitis C, and provide clients with
referrals to appropriate health and social services. A pilot
program created under this Act may provide necessary access to
primary health care, ensure safe and sterile disposal of used
syringes and needles, and protect the public health. In addition,
pilot program goals may include reduced rates of intravenous drug
use and a reduced number of injuries to innocent victims, first
responders, and law enforcement due to needle sticks from
improperly disposed-of needles. Additionally, it is the intent of
the legislature that there will be increased access to drug
treatment centers, an increased likelihood of successful treatment
for addiction, and increased protection of public health and
safety.
SECTION 2. Section 531.0972, Government Code, is amended to
read as follows:
Sec. 531.0972. PILOT PROGRAM TO PREVENT THE SPREAD OF
CERTAIN INFECTIOUS OR COMMUNICABLE DISEASES. The commission may
provide guidance to the counties and the hospital districts in
those counties that establish [the local health authority of Bexar
County in establishing] a pilot program under Subchapter J, Chapter
81, Health and Safety Code, [funded by the county] to prevent the
spread of HIV, hepatitis B, hepatitis C, and other infectious and
communicable diseases. The program may include a disease control
program that provides for the anonymous exchange of used hypodermic
needles and syringes.
SECTION 3. Chapter 81, Health and Safety Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. PILOT PROGRAMS TO REDUCE RISK OF CERTAIN
COMMUNICABLE DISEASES
Sec. 81.401. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to Bexar, Dallas, El Paso, Harris, Nueces, Travis, and
Webb Counties and hospital districts in those counties.
Sec. 81.402. DISEASE CONTROL PILOT PROGRAMS. (a) A county,
a hospital district in the county, or an organization that
contracts with a county or hospital district to operate a program
under this subchapter may establish a disease control pilot program
to prevent the spread of HIV, hepatitis B, hepatitis C, and other
infectious and communicable diseases. The program may include
disease control outreach programs that:
(1) provide for the anonymous exchange of used
hypodermic needles and syringes for an equal number of new
hypodermic needles and syringes;
(2) offer education on the transmission and prevention
of communicable diseases, including HIV, hepatitis B, and hepatitis
C; and
(3) assist program participants in obtaining health
care and other physical and mental health-related services,
including substance abuse treatment services and bloodborne
disease testing.
(b) A county, hospital district, or other organization
operating a disease control pilot program authorized by this
subchapter may charge a participant in the program a fee for each
hypodermic needle or syringe used in the program not to exceed 150
percent of the actual cost of the hypodermic needle or syringe.
(c) A county, hospital district, or other organization
operating a disease control pilot program authorized by this
subchapter shall annually provide the department with information
on:
(1) the effectiveness of the program;
(2) the program's impact on reducing the spread of
communicable diseases, including HIV, hepatitis B, and hepatitis C;
and
(3) the program's effect on injected drug use in the
area served by the county or hospital district.
Sec. 81.403. DISTRIBUTION OF NEEDLES AND SYRINGES TO PILOT
PROGRAM. A person licensed as a wholesale drug distributor or
device distributor under Chapter 431 may distribute hypodermic
needles and syringes to a disease control pilot program authorized
by this subchapter.
Sec. 81.404. HANDLING OF NEEDLES AND SYRINGES. (a) In
this section, "safe kit" means a package given by a disease control
pilot program to a program participant that may include:
(1) alcohol swabs;
(2) a condom;
(3) cotton swabs;
(4) a hypodermic needle or syringe; and
(5) a tourniquet.
(b) The operator of a disease control pilot program shall
store hypodermic needles and syringes in a proper and secure
manner. Only authorized employees or volunteers of the program may
have access to the hypodermic needles and syringes. The hypodermic
needles and syringes may be included in safe kits made available
through the program. Program clients may obtain hypodermic needles
and syringes and safe kits only from an authorized employee or
volunteer.
(c) The operator of a disease control pilot program
authorized by this subchapter shall store and dispose of used
hypodermic needles and syringes in accordance with department rule.
Sec. 81.405. FUNDING. (a) Except to the extent
specifically prohibited by law, a county or hospital district may
use public money to fund a disease control pilot program under
Section 81.402(a).
(b) Except to the extent specifically prohibited by law, a
county or hospital district may solicit or accept gifts, grants, or
donations to fund a disease control pilot program under Section
81.402(a).
Sec. 81.406. EXPIRATION. This subchapter expires on
September 1, 2023.
SECTION 4. Section 481.125, Health and Safety Code, is
amended by adding Subsections (g), (h), and (i) to read as follows:
(g) It is an exception to the application of Subsections (a)
and (b) that the person dispenses or delivers a hypodermic needle or
syringe for a medical purpose. For the purposes of this subsection,
"medical purpose" includes the exchange of a hypodermic needle or
syringe for a used hypodermic needle or syringe in a program
described by Subchapter J, Chapter 81.
(h) It is an exception to the application of Subsections (a)
and (b) that the person manufactures hypodermic needles or syringes
for delivery to a disease control pilot program described by
Subchapter J, Chapter 81.
(i) It is an exception to the application of Subsections (a)
and (b) that the person is an employee, volunteer, duly authorized
agent, or participant of a disease control pilot program described
by Subchapter J, Chapter 81, and uses, possesses, or delivers a
hypodermic needle or syringe as part of the program.
SECTION 5. (a) The change to Section 481.125, Health and
Safety Code, made by this Act applies only to an offense committed
on or after the effective date of this Act. For purposes of this
section, an offense is committed before the effective date of this
Act if any element of the offense occurs before the effective date.
(b) An offense committed before the effective date of this
Act is governed by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2013.