87R7060 KKR-F
By: Moody H.B. No. 3233
A BILL TO BE ENTITLED
AN ACT
relating to the establishment by certain counties and hospital
districts of disease control pilot programs to reduce the risk of
certain infectious and communicable diseases; authorizing fees.
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 for
individuals addicted to drugs to receive education about and
treatment for addiction. Cooperation 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 preserve lives and help those
stricken with disease and drug addiction.
Allowing the operation of disease control pilot programs will
reduce the transmission of blood-borne diseases, including
HIV/AIDS, hepatitis B, and hepatitis C, and provide program
participants with referrals to appropriate health and social
services. A pilot program established 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. 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 caused by needle
sticks from improperly disposed needles. Additionally, it is the
intent of the legislature for a pilot program to increase access to
substance abuse treatment services, increase the likelihood of
successful treatments for addiction, and protect the 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 AND [OR] COMMUNICABLE DISEASES. The commission
may provide guidance to the counties and hospital districts in
those counties that establish [local health authority of Bexar
County in establishing] a disease control pilot program under
Subchapter K, 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 outreach 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 K to read as follows:
SUBCHAPTER K. PILOT PROGRAMS TO REDUCE RISK OF CERTAIN INFECTIOUS
AND COMMUNICABLE DISEASES
Sec. 81.501. 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. 81.502. DISEASE CONTROL PILOT PROGRAM. (a) A county
or hospital district may establish a disease control pilot program
under this subchapter to prevent the spread of infectious and
communicable diseases, including HIV, hepatitis B, and hepatitis C.
The pilot 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 infectious and 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 blood-borne
disease testing.
(b) A county or hospital district may register an
organization to operate the disease control pilot program and
distribute hypodermic needles and syringes to control the spread of
certain infectious and blood-borne communicable diseases. The
county or hospital district may charge the organization a
registration fee in an amount reasonable and necessary to cover the
costs of registration oversight, including coordination with law
enforcement personnel.
(c) A registered organization may charge a program
participant a fee for each hypodermic needle or syringe used in the
program not to exceed 150 percent of the actual cost to the
organization of the hypodermic needle or syringe.
(d) A registered organization shall annually provide to the
department and the county or hospital district that registered the
organization information on:
(1) the effectiveness of the disease control pilot
program;
(2) the program's impact on reducing the spread of
infectious and communicable diseases, including HIV, hepatitis B,
and hepatitis C; and
(3) the program's effect on injected drug use by
individuals residing within the county or hospital district.
Sec. 81.503. 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. 81.504. HANDLING OF NEEDLES AND SYRINGES. An
organization registered as provided by Section 81.502:
(1) shall store hypodermic needles and syringes in a
proper and secure manner and allow only authorized employees or
volunteers of the organization's disease control pilot program to
access the hypodermic needles and syringes;
(2) may include hypodermic needles and syringes in
packaged safe kits made available to program participants through
the program;
(3) may provide hypodermic needles and syringes and
safe kits to program participants only through an authorized
employee or volunteer of the program; and
(4) shall store and dispose of used hypodermic needles
and syringes in accordance with applicable state laws and
administrative rules governing the safe and proper disposal of
medical waste.
Sec. 81.505. FUNDING. Except to the extent specifically
prohibited by law, an organization registered to operate a disease
control pilot program as provided by Section 81.502 may solicit or
accept gifts, grants, or donations to fund the program.
Sec. 81.506. EXPIRATION. This subchapter expires September
1, 2031.
SECTION 4. Section 481.125, Health and Safety Code, is
amended by adding Subsections (g), (h), (i), and (j) to read as
follows:
(g) Subsections (a) and (b) do not apply to a person who
possesses 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 disease control pilot program
described by Subchapter K, Chapter 81.
(h) Subsections (a) and (b) do not apply to a person who
possesses or manufactures hypodermic needles or syringes for
delivery to a disease control pilot program described by Subchapter
K, Chapter 81.
(i) Subsections (a) and (b) do not apply to a person who is
an employee, volunteer, duly authorized agent, or program
participant of a disease control pilot program described by
Subchapter K, Chapter 81, and uses, possesses, or delivers a
hypodermic needle or syringe as part of the program.
(j) This subsection and Subsections (g), (h), and (i) expire
September 1, 2031.
SECTION 5. 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. 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. 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.
SECTION 6. This Act takes effect September 1, 2021.