Texas 2019 - 86th Regular

Texas House Bill HB746 Compare Versions

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

Old	New	Differences
1	1	86R1575 KKR-F
2	2	By: Rose H.B. No. 746
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment by certain counties and hospital
8	8	districts of disease control pilot programs to reduce the risk of
9	9	certain infectious and communicable diseases; authorizing fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The legislature finds that because drug abuse
12	12	has been a tragedy for many Texas families, it is imperative for
13	13	individuals addicted to drugs to receive education about and
14	14	treatment for addiction. Cooperation with community-based and
15	15	faith-based organizations creates a network of support for Texas
16	16	families and the opportunity to intervene in drug addiction.
17	17	Members of community-based and faith-based organizations have a
18	18	strong desire to compassionately work to preserve lives and offer
19	19	help to those stricken with disease and drug addiction.
20	20	Allowing for the operation of disease control pilot programs
21	21	will reduce the transmission of bloodborne diseases, including
22	22	HIV/AIDS, hepatitis B, and hepatitis C, and provide clients with
23	23	referrals to appropriate health and social services. A pilot
24	24	program created under this Act may provide necessary access to
25	25	primary health care, ensure safe and sterile disposal of used
26	26	syringes and needles, and protect the public health. In addition,
27	27	pilot program goals may include reduced rates of intravenous drug
28	28	use and a reduced number of injuries to innocent victims, first
29	29	responders, and law enforcement caused by needle sticks from
30	30	improperly disposed needles. Additionally, it is the intent of the
31	31	legislature for the pilot program to increase access to drug
32	32	treatment centers, increase the likelihood of successful
33	33	treatments for addiction, and protect the public health and safety.
34	34	SECTION 2. Section 531.0972, Government Code, is amended to
35	35	read as follows:
36	36	Sec. 531.0972. PILOT PROGRAM TO PREVENT [THE] SPREAD OF
37	37	CERTAIN INFECTIOUS AND [OR] COMMUNICABLE DISEASES. The commission
38	38	may provide guidance to the counties and hospital districts in
39	39	those counties that establish [local health authority of Bexar
40	40	County in establishing] a pilot program under Subchapter K, Chapter
41	41	81, Health and Safety Code, [funded by the county] to prevent the
42	42	spread of HIV, hepatitis B, hepatitis C, and other infectious and
43	43	communicable diseases. The program may include a disease control
44	44	program that provides for the anonymous exchange of used hypodermic
45	45	needles and syringes.
46	46	SECTION 3. Chapter 81, Health and Safety Code, is amended by
47	47	adding Subchapter K to read as follows:
48	48	SUBCHAPTER K. PILOT PROGRAM TO REDUCE RISK OF CERTAIN INFECTIOUS
49	49	AND COMMUNICABLE DISEASES
50	50	Sec. 81.501. APPLICABILITY OF SUBCHAPTER. This subchapter
51	51	applies only to Bexar, Dallas, Harris, and Travis Counties and
52	52	hospital districts in those counties.
53	53	Sec. 81.502. DISEASE CONTROL PILOT PROGRAM. (a) A county
54	54	or hospital district may establish a disease control pilot program
55	55	under this subchapter to prevent the spread of HIV, hepatitis B,
56	56	hepatitis C, and other infectious and communicable diseases. The
57	57	pilot program may include disease control outreach programs that:
58	58	(1) provide for the anonymous exchange of used
59	59	hypodermic needles and syringes for an equal number of new
60	60	hypodermic needles and syringes;
61	61	(2) offer education on the transmission and prevention
62	62	of infectious and communicable diseases, including HIV, hepatitis
63	63	B, and hepatitis C; and
64	64	(3) assist program participants in obtaining health
65	65	care and other physical and mental health-related services,
66	66	including substance abuse treatment services and bloodborne
67	67	disease testing.
68	68	(b) A county or hospital district may register an
69	69	organization to operate the disease control pilot program and
70	70	distribute hypodermic needles and syringes to control the spread of
71	71	certain bloodborne communicable diseases. The county or hospital
72	72	district may charge a registration fee in an amount reasonable and
73	73	necessary to cover the costs of registration oversight, including
74	74	coordination with law enforcement personnel.
75	75	(c) A registered organization may charge a participant in
76	76	the program a fee for each hypodermic needle or syringe used in the
77	77	program not to exceed 150 percent of the actual cost to the
78	78	organization of the hypodermic needle or syringe.
79	79	(d) A registered organization shall annually provide to the
80	80	department and the county or hospital district with which the
81	81	organization is registered information on:
82	82	(1) the effectiveness of the program;
83	83	(2) the program's impact on reducing the spread of
84	84	infectious and communicable diseases, including HIV, hepatitis B,
85	85	and hepatitis C; and
86	86	(3) the program's effect on injected drug use in the
87	87	county or hospital district.
88	88	Sec. 81.503. DISTRIBUTION OF NEEDLES AND SYRINGES TO PILOT
89	89	PROGRAM. A person licensed as a wholesale drug distributor or
90	90	device distributor under Chapter 431 may distribute hypodermic
91	91	needles and syringes to a disease control pilot program authorized
92	92	by this subchapter.
93	93	Sec. 81.504. HANDLING OF NEEDLES AND SYRINGES. A
94	94	registered organization:
95	95	(1) shall store hypodermic needles and syringes in a
96	96	proper and secure manner and allow only authorized employees or
97	97	volunteers of the organization's disease control pilot program to
98	98	access the hypodermic needles and syringes;
99	99	(2) may include hypodermic needles and syringes in
100	100	packaged safe kits made available to program clients through the
101	101	program;
102	102	(3) may provide hypodermic needles and syringes and
103	103	safe kits to program clients only through an authorized employee or
104	104	volunteer of the program; and
105	105	(4) shall store and dispose of used hypodermic needles
106	106	and syringes in accordance with applicable state laws and
107	107	administrative rules governing the safe and proper disposal of
108	108	medical waste.
109	109	Sec. 81.505. FUNDING. Except to the extent specifically
110	110	prohibited by law, a registered organization operating a disease
111	111	control pilot program may solicit or accept gifts, grants, or
112	112	donations to fund a disease control pilot program under Section
113	113	81.502(a).
114	114	Sec. 81.506. EXPIRATION. This subchapter expires September
115	115	1, 2029.
116	116	SECTION 4. Section 481.125, Health and Safety Code, is
117	117	amended by adding Subsections (g), (h), and (i) to read as follows:
118	118	(g) Subsections (a) and (b) do not apply to a person who
119	119	dispenses or delivers a hypodermic needle or syringe for a medical
120	120	purpose. For the purposes of this subsection, "medical purpose"
121	121	includes the exchange of a hypodermic needle or syringe for a used
122	122	hypodermic needle or syringe in a disease control pilot program
123	123	described by Subchapter K, Chapter 81.
124	124	(h) Subsections (a) and (b) do not apply to a person who
125	125	manufactures hypodermic needles or syringes for delivery to a
126	126	disease control pilot program described by Subchapter K, Chapter
127	127	81.
128	128	(i) Subsections (a) and (b) do not apply to a person who is
129	129	an employee, volunteer, duly authorized agent, or program client of
130	130	a disease control pilot program described by Subchapter K, Chapter
131	131	81, and uses, possesses, or delivers a hypodermic needle or syringe
132	132	as part of the program.
133	133	SECTION 5. The change to Section 481.125, Health and Safety
134	134	Code, made by this Act applies only to an offense committed on or
135	135	after the effective date of this Act. An offense committed before
136	136	the effective date of this Act is governed by the law in effect when
137	137	the offense was committed, and the former law is continued in effect
138	138	for that purpose. For purposes of this section, an offense is
139	139	committed before the effective date of this Act if any element of
140	140	the offense occurs before the effective date.
141	141	SECTION 6. This Act takes effect September 1, 2019.