Texas 2015 - 84th Regular

Texas House Bill HB65 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R23281 SCL-F
2	1		By: McClendon, Naishtat, Zerwas, Coleman, H.B. No. 65
3	2		et al.
4		-	Substitute the following for H.B. No. 65:
5		-	By: Wu C.S.H.B. No. 65
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10	7		relating to disease control pilot programs to reduce the risk of
11	8		certain communicable diseases; authorizing fees.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. The legislature finds that because drug abuse
14	11		has been a tragedy for many Texas families, it is imperative that
15	12		individuals addicted to drugs receive education and treatment for
16	13		addiction. Working with community-based and faith-based
17	14		organizations creates a network of support for Texas families and
18	15		the opportunity to intervene in drug addiction. Members of
19	16		community-based and faith-based organizations have a strong desire
20	17		to compassionately work to preserve lives and offer help to those
21	18		stricken with disease and drug addiction.
22	19		Allowing for the operation of disease control pilot programs
23	20		will reduce the transmission of bloodborne diseases, such as
24	21		HIV/AIDS, hepatitis B, and hepatitis C, and provide clients with
25	22		referrals to appropriate health and social services. A pilot
26	23		program created under this Act may provide necessary access to
27	24		primary health care, ensure safe and sterile disposal of used
28	25		syringes and needles, and protect the public health. In addition,
29	26		pilot program goals may include reduced rates of intravenous drug
30	27		use and a reduced number of injuries to innocent victims, first
31	28		responders, and law enforcement caused by needle sticks from
32	29		improperly disposed-of needles. Additionally, it is the intent of
33	30		the legislature that the pilot program will increase access to drug
34	31		treatment centers, increase the likelihood of successful
35	32		treatments for addiction, and protect the public health and safety.
36	33		SECTION 2. Section 531.0972, Government Code, is amended to
37	34		read as follows:
38	35		Sec. 531.0972. PILOT PROGRAM TO PREVENT THE SPREAD OF
39	36		CERTAIN INFECTIOUS OR COMMUNICABLE DISEASES. The commission may
40	37		provide guidance to the counties and the hospital districts in
41	38		those counties that establish [the local health authority of Bexar
42	39		County in establishing] a pilot program under Subchapter J, Chapter
43	40		81, Health and Safety Code, [funded by the county] to prevent the
44	41		spread of HIV, hepatitis B, hepatitis C, and other infectious and
45	42		communicable diseases. The program may include a disease control
46	43		program that provides for the anonymous exchange of used hypodermic
47	44		needles and syringes.
48	45		SECTION 3. Chapter 81, Health and Safety Code, is amended by
49	46		adding Subchapter J to read as follows:
50	47		SUBCHAPTER J. PILOT PROGRAMS TO REDUCE RISK OF CERTAIN
51	48		COMMUNICABLE DISEASES
52	49		Sec. 81.401. APPLICABILITY OF SUBCHAPTER. This subchapter
53	50		applies only to Bexar, Dallas, El Paso, Harris, Nueces, Travis, and
54	51		Webb Counties and hospital districts in those counties.
55	52		Sec. 81.402. DISEASE CONTROL PILOT PROGRAMS. (a) A county
56	53		or hospital district may authorize an organization to establish a
57	54		disease control pilot program under this subchapter to prevent the
58	55		spread of HIV, hepatitis B, hepatitis C, and other infectious and
59	56		communicable diseases. The pilot program may include disease
60	57		control outreach programs that:
61	58		(1) provide for the anonymous exchange of used
62	59		hypodermic needles and syringes for an equal number of new
63	60		hypodermic needles and syringes;
64	61		(2) offer education on the transmission and prevention
65	62		of communicable diseases, including HIV, hepatitis B, and hepatitis
66	63		C; and
67	64		(3) assist program participants in obtaining health
68	65		care and other physical and mental health-related services,
69	66		including substance abuse treatment services and bloodborne
70	67		disease testing.
71	68		(b) As part of the pilot program under Subsection (a), a
72	69		county or hospital district by order or similar measure may
73	70		authorize an organization to register with the county or hospital
74	71		district to distribute hypodermic needles and syringes for the
75	72		purpose of controlling the spread of certain bloodborne
76	73		communicable diseases. The county or hospital district may charge a
77	74		reasonable fee for registration under this subchapter to pay for
78	75		oversight functions, including coordination with law enforcement
79	76		personnel.
80	77		(c) An organization operating a disease control pilot
81	78		program authorized by this subchapter may charge a participant in
82	79		the program a fee for each hypodermic needle or syringe used in the
83	80		program not to exceed 150 percent of the actual cost of the
84	81		hypodermic needle or syringe.
85	82		(d) An organization operating a disease control pilot
86	83		program authorized by this subchapter shall annually provide the
87	84		department and the county or hospital district authorizing the
88	85		program with information on:
89	86		(1) the effectiveness of the program;
90	87		(2) the program's impact on reducing the spread of
91	88		communicable diseases, including HIV, hepatitis B, and hepatitis C;
92	89		and
93	90		(3) the program's effect on injected drug use in the
94	91		area served by the county or hospital district.
95	92		Sec. 81.403. DISTRIBUTION OF NEEDLES AND SYRINGES TO PILOT
96	93		PROGRAM. A person licensed as a wholesale drug distributor or
97	94		device distributor under Chapter 431 may distribute hypodermic
98	95		needles and syringes to a disease control pilot program authorized
99	96		by this subchapter.
100	97		Sec. 81.404. HANDLING OF NEEDLES AND SYRINGES. (a) An
101	98		organization operating a disease control pilot program shall store
102	99		hypodermic needles and syringes in a proper and secure manner. Only
103	100		authorized employees or volunteers of the program may have access
104	101		to the hypodermic needles and syringes. The hypodermic needles and
105	102		syringes may be included in packaged safe kits made available to
106	103		program clients through the program. Program clients may obtain
107	104		hypodermic needles and syringes and safe kits only from an
108	105		authorized employee or volunteer of the program.
109	106		(b) An organization operating a disease control pilot
110	107		program authorized by this subchapter shall store and dispose of
111	108		used hypodermic needles and syringes in accordance with applicable
112	109		state laws and administrative rules governing the safe and proper
113	110		disposal of medical waste.
114	111		Sec. 81.405. FUNDING. Except to the extent specifically
115	112		prohibited by law, an organization may solicit or accept gifts,
116	113		grants, or donations to fund a disease control pilot program under
117	114		Section 81.402(a).
118	115		Sec. 81.406. EXPIRATION. This subchapter expires September
119	116		1, 2025.
120	117		SECTION 4. Section 481.125, Health and Safety Code, is
121	118		amended by adding Subsections (g), (h), and (i) to read as follows:
122		-	(g) ~~It is an exception to the application of~~ Subsections (a)
123		-	~~and (b) that the person~~ dispenses or delivers a hypodermic needle or
124		-	~~syringe for a medical~~ purpose. For the purposes of this subsection,
125		-	~~"medical purpose"~~ includes the exchange of a hypodermic needle or
126		-	~~syringe for a used~~ hypodermic needle or syringe in a disease control
127		-	~~pilot program~~ described by Subchapter J, Chapter 81.
128		-	(h) ~~It is an exception to the application of~~ Subsections (a)
129		-	~~and (b) that the person~~ manufactures hypodermic needles or syringes
130		-	~~for delivery to a~~ disease control pilot program described by
131		-	~~Subchapter J, Chapter~~ 81.
132		-	(i) ~~It is an exception to the application of~~ Subsections (a)
133		-	~~and (b) that the person is~~ an employee, volunteer, duly authorized
134		-	~~agent, or participant of a~~ disease control pilot program described
135		-	~~by Subchapter J, Chapter~~ 81, and uses, possesses, or delivers a
136		-	~~hypodermic needle or syringe~~ as part of the program.
	119	+	(g) Subsections (a) and (b) do not apply to a person who
	120	+	dispenses or delivers a hypodermic needle or syringe for a medical
	121	+	purpose. For the purposes of this subsection, "medical purpose"
	122	+	includes the exchange of a hypodermic needle or syringe for a used
	123	+	hypodermic needle or syringe in a disease control pilot program
	124	+	described by Subchapter J, Chapter 81.
	125	+	(h) Subsections (a) and (b) do not apply to a person who
	126	+	manufactures hypodermic needles or syringes for delivery to a
	127	+	disease control pilot program described by Subchapter J, Chapter
	128	+	81.
	129	+	(i) Subsections (a) and (b) do not apply to a person who is
	130	+	an employee, volunteer, duly authorized agent, or participant of a
	131	+	disease control pilot program described by Subchapter J, Chapter
	132	+	81, and uses, possesses, or delivers a hypodermic needle or syringe
	133	+	as part of the program.
137	134		SECTION 5. (a) The change to Section 481.125, Health and
138	135		Safety Code, made by this Act applies only to an offense committed
139	136		on or after the effective date of this Act. For purposes of this
140	137		section, an offense is committed before the effective date of this
141	138		Act if any element of the offense occurs before the effective date.
142	139		(b) An offense committed before the effective date of this
143	140		Act is governed by the law in effect when the offense was committed,
144	141		and the former law is continued in effect for that purpose.
145	142		SECTION 6. This Act takes effect September 1, 2015.