Texas 2019 - 86th Regular

Texas House Bill HB3538 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R9135 JSC-F
2	2	By: Rose H.B. No. 3538
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the Opioid and Substance Abuse
8	8	Advisory Council.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
11	11	amended by adding Chapter 112 to read as follows:
12	12	CHAPTER 112. OPIOID AND SUBSTANCE ABUSE ADVISORY COUNCIL
13	13	Sec. 112.001. DEFINITIONS. In this chapter:
14	14	(1) "Advisory council" means the Opioid and Substance
15	15	Abuse Advisory Council established under this chapter.
16	16	(2) "Commission" means the Health and Human Services
17	17	Commission.
18	18	Sec. 112.002. ESTABLISHMENT; PURPOSE. The commission shall
19	19	establish the Opioid and Substance Abuse Advisory Council to study
20	20	and make recommendations to address opioid and substance abuse in
21	21	this state.
22	22	Sec. 112.003. MEMBERS. (a) The advisory council is
23	23	composed of members appointed by the governor with the advice and
24	24	consent of the senate.
25	25	(b) The advisory council must include:
26	26	(1) a medical examiner;
27	27	(2) a pharmacist licensed in this state;
28	28	(3) a social worker who focuses on the issue of
29	29	substance abuse;
30	30	(4) a member of a publicly funded addiction treatment
31	31	program;
32	32	(5) a member of a privately funded addiction treatment
33	33	program;
34	34	(6) a physician specializing in addiction treatment;
35	35	(7) an emergency room physician;
36	36	(8) a psychologist specializing in addiction
37	37	treatment;
38	38	(9) a licensed counselor specializing in alcohol and
39	39	drug abuse cases;
40	40	(10) a forensic pathologist;
41	41	(11) two chief executive officers from two different
42	42	health care systems;
43	43	(12) a representative of a private health insurance
44	44	company;
45	45	(13) a representative from the Medicaid managed care
46	46	program;
47	47	(14) a member of an advocacy group focusing on
48	48	substance abuse prevention, treatment, and recovery;
49	49	(15) a first responder who is emergency medical
50	50	services personnel;
51	51	(16) a juvenile court judge;
52	52	(17) a district court judge;
53	53	(18) an employee of the Department of Public Safety
54	54	with duties related to criminal investigations involving
55	55	controlled substances or other drugs;
56	56	(19) an employee of the Texas Board of Pharmacy with
57	57	duties related to the prescription monitoring program;
58	58	(20) a member of the Texas Juvenile Justice
59	59	Department;
60	60	(21) a member of the Texas Department of Criminal
61	61	Justice;
62	62	(22) a member from the Texas A&M University Health
63	63	Science Center Opioid Task Force;
64	64	(23) a member of the Texas Medical Association who
65	65	serves on the American Medical Association Opioid Task Force; and
66	66	(24) a law enforcement official from an area
67	67	designated as a High Intensity Drug Trafficking Area by the United
68	68	States Drug Enforcement Administration.
69	69	Sec. 112.004. TERMS; VACANCY. (a) Advisory council members
70	70	serve staggered four-year terms with half the members' terms
71	71	expiring February 1 of each odd-numbered year.
72	72	(b) A member may serve more than one term.
73	73	(c) If a vacancy occurs on the advisory council, a person
74	74	shall be appointed to fill the vacancy for the unexpired term.
75	75	Sec. 112.005. OFFICERS; SUBCOMMITTEES. (a) Advisory
76	76	council members shall:
77	77	(1) elect a chair and a vice chair; and
78	78	(2) establish the duties of the chair and the vice
79	79	chair.
80	80	(b) The chair may appoint subcommittees.
81	81	Sec. 112.006. MEETINGS. The advisory council shall meet at
82	82	least four times each year.
83	83	Sec. 112.007. COMPENSATION AND REIMBURSEMENT. A member of
84	84	the advisory council may not receive compensation for service on
85	85	the advisory council but is entitled to reimbursement of the travel
86	86	expenses incurred by the member while conducting the business of
87	87	the advisory council, as provided by the General Appropriations
88	88	Act.
89	89	Sec. 112.008. DUTIES. The advisory council shall:
90	90	(1) serve as a central location for opioid and
91	91	substance abuse information;
92	92	(2) maintain and provide the latest statistics and
93	93	information concerning research on opioid and substance abuse;
94	94	(3) develop or recommend best practices for opioid and
95	95	substance abuse prevention and treatment, relevant training, and
96	96	psychological and substance abuse treatments; and
97	97	(4) make policy recommendations related to opioid and
98	98	substance abuse prevention and treatment.
99	99	Sec. 112.009. REPORT. (a) Not later than January 1 of each
100	100	odd-numbered year, the advisory council shall provide a report to
101	101	the governor, the lieutenant governor, the legislature, and the
102	102	commission.
103	103	(b) The report must include any findings and
104	104	recommendations made by the advisory council regarding:
105	105	(1) the advisory council's functions;
106	106	(2) strategic planning initiatives; and
107	107	(3) recommendations for proposed legislation.
108	108	SECTION 2. (a) Not later than December 1, 2019, the
109	109	governor shall appoint the Opioid and Substance Abuse Advisory
110	110	Council members as required by Chapter 112, Health and Safety Code,
111	111	as added by this Act.
112	112	(b) In making the initial appointments, the governor shall
113	113	designate half the members to a term expiring February 1, 2021, and
114	114	half the members to a term expiring February 1, 2023.
115	115	SECTION 3. This Act takes effect immediately if it receives
116	116	a vote of two-thirds of all the members elected to each house, as
117	117	provided by Section 39, Article III, Texas Constitution. If this
118	118	Act does not receive the vote necessary for immediate effect, this
119	119	Act takes effect September 1, 2019.