Texas 2019 - 86th Regular

Texas House Bill HB1722 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R19438 KKR-F
2		-	By: Coleman, Wu H.B. No. 1722
3		-	Substitute the following for H.B. No. 1722:
4		-	By: Dominguez C.S.H.B. No. 1722
	1	+	By: Coleman H.B. No. 1722
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9		-	relating to the establishment by ~~certain~~ counties and
10		-	~~municipalities of~~ disease control programs to reduce the risk of
11		-	~~certain infectious~~ and communicable diseases; authorizing fees.
	6	+	relating to the establishment by counties and municipalities of
	7	+	disease control programs to reduce the risk of certain infectious
	8	+	and communicable diseases; authorizing fees.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Section 531.0972, Government Code, is amended to
14	11		read as follows:
15	12		Sec. 531.0972. [PILOT] PROGRAM TO PREVENT [THE] SPREAD OF
16	13		CERTAIN INFECTIOUS OR COMMUNICABLE DISEASES. The Department of
17		-	State Health Services ~~shall~~ [commission may] provide guidance to
	14	+	State Health Services [commission] may shall provide guidance to
18	15		the counties and municipalities that establish [local health
19	16		authority of Bexar County in establishing] a [pilot] program under
20	17		Subchapter K, Chapter 81, Health and Safety Code, [funded by the
21	18		county] to prevent the spread of HIV, hepatitis B, hepatitis C, and
22	19		other infectious and communicable diseases. The program may
23	20		include a disease control program that provides for the anonymous
24	21		exchange of used hypodermic needles and syringes.
25	22		SECTION 2. Chapter 81, Health and Safety Code, is amended by
26	23		adding Subchapter K to read as follows:
27	24		SUBCHAPTER K. PROGRAM TO REDUCE RISK OF CERTAIN COMMUNICABLE
28	25		DISEASES
29	26		Sec. 81.501. DEFINITIONS. In this subchapter:
30	27		(1) "Organization" means an entity authorized by a
31	28		county or municipality to operate a program under this subchapter.
32	29		(2) "Program" means a program established under this
33	30		subchapter to control through needle exchange the spread of HIV,
34	31		hepatitis B, hepatitis C, or other infectious and communicable
35	32		diseases.
36	33		Sec. 81.502. AUTHORITY TO ESTABLISH PROGRAM. (a) An
37	34		organization may operate a program in a county or municipality in
38		-	which a public health emergency described by Subsection (b) is
	35	+	which a public health emergency as described by Subsection (b) is
39	36		declared by the commissioner.
40	37		(b) The commissioner may declare a public health emergency
41	38		in a county or municipality if a county or municipality
42	39		demonstrates that:
43	40		(1) HIV, hepatitis B, hepatitis C, or other infectious
44		-	and communicable diseases ~~exist~~ in the county or municipality;
	41	+	and communicable diseases exists in the county or municipality;
45	42		(2) a cause of the transmission of HIV, hepatitis B,
46	43		hepatitis C, or other infectious and communicable diseases is
47	44		intravenous drug use; and
48		-	(3) a needle exchange program is an appropriate
49		-	component of a comprehensive response to the ~~emergency~~.
	45	+	(4) a needle exchange program is an appropriate
	46	+	component of a comprehensive response to the epidemic.
50	47		(c) To request the department declare a public health
51	48		emergency, the commissioners court of a county or the governing
52	49		body of a municipality shall:
53	50		(1) conduct a public hearing and allow public
54	51		testimony on HIV, hepatitis B, hepatitis C, or other infectious and
55	52		communicable diseases in the county or municipality;
56	53		(2) issue an order requesting the department to
57	54		declare a public health emergency in the county or municipality
58	55		with facts supporting the declaration; and
59	56		(3) submit to the department an official request and
60	57		supporting evidence for the department to declare a public health
61	58		emergency in the county or municipality.
62	59		(d) On receipt of a request by a county or municipality to
63	60		declare a public health emergency under this subchapter, the
64	61		commissioner shall:
65	62		(1) approve, deny, or request additional information
66	63		from the county or municipality concerning the request not later
67	64		than the 10th day after the date the request is received by the
68	65		department; or
69	66		(2) if additional information is requested by the
70	67		department, approve or deny a request not later than the 10th day
71	68		after the additional information is received.
72	69		(e) A public health emergency declared under this section
73	70		remains in effect until the first anniversary of the date the
74	71		emergency is declared.
75	72		(f) The commissioner may extend a declaration of a public
76	73		health emergency at the request of the county or municipality that
77	74		is the subject of the declaration.
78	75		Sec. 81.503. REGISTRATION REQUIRED. An organization shall
79	76		register with the department and the county or municipality in
80	77		which the organization is applying to operate a program to
81	78		distribute hypodermic needles and syringes for the purpose of
82	79		controlling the spread of HIV, hepatitis B, hepatitis C, or other
83	80		infectious and communicable diseases. The department, county, or
84	81		municipality may charge a reasonable fee for registration under
85	82		this subchapter to pay for oversight functions, including
86	83		coordination with law enforcement personnel.
87	84		Sec. 81.504. PROGRAM OPERATION. A qualified organization
88	85		that is registered to provide a program in a county or municipality
89	86		shall:
90	87		(1) operate the program in a manner consistent with
91	88		public health and safety and under the supervision of a physician,
92	89		physician assistant, or nurse licensed to practice in this state;
93	90		(2) ensure the program is appropriate and part of a
94	91		comprehensive public health response;
95	92		(3) provide for the anonymous exchange of used
96	93		hypodermic needles and syringes for an equal number of new
97	94		hypodermic needles and syringes; and
98	95		(4) provide:
99	96		(A) education and training on responding to and
100	97		treating a drug overdose, including the administration of an
101	98		overdose intervention drug;
102	99		(B) information on options for drug
103	100		rehabilitation treatment; and
104	101		(C) assistance to program participants with
105	102		obtaining drug rehabilitation treatment, including treatment
106	103		programs located in the county or municipality in which the program
107	104		operates and treatment programs that offer medication-assisted
108	105		treatment using a medication that is:
109	106		(i) approved by the United States Food and
110	107		Drug Administration for use in opioid or alcohol dependence
111	108		treatment; and
112	109		(ii) long-acting and nonaddictive.
113	110		Sec. 81.505. DISTRIBUTION OF NEEDLES AND SYRINGES TO
114	111		PROGRAM. A person licensed as a wholesale drug distributor or
115	112		device distributor under Chapter 431 may distribute hypodermic
116	113		needles and syringes to a program authorized by this subchapter.
117	114		Sec. 81.506. HANDLING OF NEEDLES AND SYRINGES. (a) An
118	115		organization operating a program authorized by this subchapter
119	116		shall store hypodermic needles and syringes in a proper and secure
120	117		manner. Only authorized employees or volunteers of the program may
121	118		have access to the hypodermic needles and syringes. The hypodermic
122	119		needles and syringes may be included in packaged safe kits made
123	120		available to program clients through the program. Program clients
124	121		may obtain hypodermic needles and syringes and safe kits only from
125	122		an authorized employee or volunteer of the program.
126	123		(b) An organization operating a program authorized by this
127	124		subchapter shall store and dispose of used hypodermic needles and
128	125		syringes in accordance with applicable state laws and
129	126		administrative rules governing the safe and proper disposal of
130	127		medical waste.
131	128		Sec. 81.507. REQUIRED REPORTING BY ORGANIZATION. (a) An
132	129		organization operating a program under this subchapter shall submit
133	130		to the department a quarterly report that provides:
134	131		(1) the number of individuals served by the
135	132		organization each day;
136	133		(2) the number of hypodermic needles and syringes
137	134		collected by the organization each day;
138	135		(3) the number of hypodermic needles and syringes
139	136		distributed by the organization each day; and
140	137		(4) other information the department determines
141	138		necessary.
142	139		(b) The information required under Subsection (a) must
143	140		include the zip code of each location where the program distributed
144	141		or collected hypodermic needles and syringes.
145	142		Sec. 81.508. REVOCATION. If an organization fails to
146	143		comply with the requirements of this subchapter, the commissioners
147	144		court of the county or the governing body of the municipality in
148	145		which the organization is operating or the department may revoke
149	146		the organization's registration and authorization to operate a
150	147		program.
151	148		Sec. 81.509. USE OF STATE FUNDS. State funds may not be
152	149		used to purchase hypodermic needles or syringes under this
153	150		subchapter.
154	151		Sec. 81.510. DEPARTMENT REPORT. The department shall
155	152		annually submit to the legislature a report on:
156	153		(1) the effectiveness of the program;
157	154		(2) the program's impact on reducing the spread of HIV,
158	155		hepatitis B, hepatitis C, and other infectious and communicable
159	156		diseases; and
160	157		(3) the program's effect on intravenous drug use in the
161	158		area served by the county or municipality.
162	159		SECTION 3. Section 481.125, Health and Safety Code, is
163	160		amended by adding Subsections (g), (h), (i), and (j) to read as
164	161		follows:
165	162		(g) Subsections (a) and (b) do not apply to a person who
166	163		dispenses or delivers a hypodermic needle or syringe for a medical
167	164		purpose. For the purposes of this subsection, "medical purpose"
168	165		includes the exchange of a hypodermic needle or syringe for a used
169	166		hypodermic needle or syringe in a program described by Subchapter
170	167		K, Chapter 81.
171	168		(h) Subsections (a) and (b) do not apply to a person who
172	169		manufactures hypodermic needles or syringes for delivery to a
173	170		program described by Subchapter K, Chapter 81.
174	171		(i) Subsections (a) and (b) do not apply to a person who is
175	172		an employee, volunteer, duly authorized agent, or participant of a
176	173		program described by Subchapter K, Chapter 81, and uses, possesses,
177	174		or delivers a hypodermic needle or syringe as part of the program.
178	175		(j) A peace officer may not stop, search, or seize a person
179	176		or base probable cause solely because the person visits an
180	177		organization operating under Subchapter K, Chapter 81.
181	178		SECTION 4. The change to Section 481.125, Health and Safety
182	179		Code, made by this Act applies only to an offense committed on or
183	180		after the effective date of this Act. An offense committed before
184		-	the effective date of this Act is governed by the law in effect on
185		-	~~the date~~ the offense was committed, and the former law is continued
186		-	~~in effect~~ for that purpose. For purposes of this section, an
187		-	~~offense is~~ committed before the effective date of this Act if any
188		-	~~element of~~ the offense occurs before that date.
	181	+	the effective date of this Act is governed by the law in effect when
	182	+	the offense was committed, and the former law is continued in effect
	183	+	for that purpose. For purposes of this section, an offense is
	184	+	committed before the effective date of this Act if any element of
	185	+	the offense occurs before that date.
189	186		SECTION 5. This Act takes effect September 1, 2019.