Texas 2021 - 87th Regular

Texas House Bill HB3233 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~By: Moody, Stephenson, Coleman, Minjarez, H.B. No. 3233~~
2		-	J. ~~Johnson of Harris~~
	1	+	87R7060 KKR-F
	2	+	By: Moody H.B. No. 3233
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		-	SECTION 1. This Act shall be cited as the Honorable Ruth
12		-	Jones McClendon Act.
13		-	SECTION 2. The legislature finds that because drug abuse
	11	+	SECTION 1. The legislature finds that because drug abuse
14	12		has been a tragedy for many Texas families, it is imperative for
15	13		individuals addicted to drugs to receive education about and
16	14		treatment for addiction. Cooperation with community-based and
17	15		faith-based organizations creates a network of support for Texas
18	16		families and the opportunity to intervene in drug addiction.
19	17		Members of community-based and faith-based organizations have a
20	18		strong desire to compassionately preserve lives and help those
21	19		stricken with disease and drug addiction.
22	20		Allowing the operation of disease control pilot programs will
23	21		reduce the transmission of blood-borne diseases, including
24	22		HIV/AIDS, hepatitis B, and hepatitis C, and provide program
25	23		participants with referrals to appropriate health and social
26	24		services. A pilot program established under this Act may provide
27	25		necessary access to primary health care, ensure safe and sterile
28	26		disposal of used syringes and needles, and protect the public
29	27		health. Pilot program goals may include reduced rates of
30	28		intravenous drug use and a reduced number of injuries to innocent
31	29		victims, first responders, and law enforcement caused by needle
32	30		sticks from improperly disposed needles. Additionally, it is the
33	31		intent of the legislature for a pilot program to increase access to
34	32		substance abuse treatment services, increase the likelihood of
35	33		successful treatments for addiction, and protect the public health
36	34		and safety.
37		-	SECTION 3. Section 531.0972, Government Code, is amended to
	35	+	SECTION 2. Section 531.0972, Government Code, is amended to
38	36		read as follows:
39	37		Sec. 531.0972. PILOT PROGRAM TO PREVENT [THE] SPREAD OF
40	38		CERTAIN INFECTIOUS AND [OR] COMMUNICABLE DISEASES. The commission
41	39		may provide guidance to the counties and hospital districts in
42	40		those counties that establish [local health authority of Bexar
43	41		County in establishing] a disease control pilot program under
44	42		Subchapter K, Chapter 81, Health and Safety Code, [funded by the
45	43		county] to prevent the spread of HIV, hepatitis B, hepatitis C, and
46	44		other infectious and communicable diseases. The program may
47	45		include a disease control outreach program that provides for the
48	46		anonymous exchange of used hypodermic needles and syringes.
49		-	SECTION 4. Chapter 81, Health and Safety Code, is amended by
	47	+	SECTION 3. Chapter 81, Health and Safety Code, is amended by
50	48		adding Subchapter K to read as follows:
51	49		SUBCHAPTER K. PILOT PROGRAMS TO REDUCE RISK OF CERTAIN INFECTIOUS
52	50		AND COMMUNICABLE DISEASES
53	51		Sec. 81.501. APPLICABILITY OF SUBCHAPTER. This subchapter
54	52		applies only to Bexar, Dallas, El Paso, Harris, Nueces, Travis, and
55	53		Webb Counties and hospital districts in those counties.
56	54		Sec. 81.502. DISEASE CONTROL PILOT PROGRAM. (a) A county
57	55		or hospital district may establish a disease control pilot program
58	56		under this subchapter to prevent the spread of infectious and
59	57		communicable diseases, including HIV, hepatitis B, and hepatitis C.
60	58		The pilot program may include disease control outreach programs
61	59		that:
62	60		(1) provide for the anonymous exchange of used
63	61		hypodermic needles and syringes for an equal number of new
64	62		hypodermic needles and syringes;
65	63		(2) offer education on the transmission and prevention
66	64		of infectious and communicable diseases, including HIV, hepatitis
67	65		B, and hepatitis C; and
68	66		(3) assist program participants in obtaining health
69	67		care and other physical and mental health-related services,
70	68		including substance abuse treatment services and blood-borne
71	69		disease testing.
72	70		(b) A county or hospital district may register an
73	71		organization to operate the disease control pilot program and
74	72		distribute hypodermic needles and syringes to control the spread of
75	73		certain infectious and blood-borne communicable diseases. The
76	74		county or hospital district may charge the organization a
77	75		registration fee in an amount reasonable and necessary to cover the
78	76		costs of registration oversight, including coordination with law
79	77		enforcement personnel.
80	78		(c) A registered organization may charge a program
81	79		participant a fee for each hypodermic needle or syringe used in the
82	80		program not to exceed 150 percent of the actual cost to the
83	81		organization of the hypodermic needle or syringe.
84	82		(d) A registered organization shall annually provide to the
85	83		department and the county or hospital district that registered the
86	84		organization information on:
87	85		(1) the effectiveness of the disease control pilot
88	86		program;
89	87		(2) the program's impact on reducing the spread of
90	88		infectious and communicable diseases, including HIV, hepatitis B,
91	89		and hepatitis C; and
92	90		(3) the program's effect on injected drug use by
93	91		individuals residing within the county or hospital district.
94	92		Sec. 81.503. DISTRIBUTION OF NEEDLES AND SYRINGES TO PILOT
95	93		PROGRAM. A person licensed as a wholesale drug distributor or
96	94		device distributor under Chapter 431 may distribute hypodermic
97	95		needles and syringes to a disease control pilot program authorized
98	96		by this subchapter.
99	97		Sec. 81.504. HANDLING OF NEEDLES AND SYRINGES. An
100	98		organization registered as provided by Section 81.502:
101	99		(1) shall store hypodermic needles and syringes in a
102	100		proper and secure manner and allow only authorized employees or
103	101		volunteers of the organization's disease control pilot program to
104	102		access the hypodermic needles and syringes;
105	103		(2) may include hypodermic needles and syringes in
106	104		packaged safe kits made available to program participants through
107	105		the program;
108	106		(3) may provide hypodermic needles and syringes and
109	107		safe kits to program participants only through an authorized
110	108		employee or volunteer of the program; and
111	109		(4) shall store and dispose of used hypodermic needles
112	110		and syringes in accordance with applicable state laws and
113	111		administrative rules governing the safe and proper disposal of
114	112		medical waste.
115	113		Sec. 81.505. FUNDING. Except to the extent specifically
116	114		prohibited by law, an organization registered to operate a disease
117	115		control pilot program as provided by Section 81.502 may solicit or
118	116		accept gifts, grants, or donations to fund the program.
119	117		Sec. 81.506. EXPIRATION. This subchapter expires September
120	118		1, 2031.
121		-	SECTION 5. Section 481.125, Health and Safety Code, is
	119	+	SECTION 4. Section 481.125, Health and Safety Code, is
122	120		amended by adding Subsections (g), (h), (i), and (j) to read as
123	121		follows:
124	122		(g) Subsections (a) and (b) do not apply to a person who
125	123		possesses or delivers a hypodermic needle or syringe for a medical
126	124		purpose. For the purposes of this subsection, "medical purpose"
127	125		includes the exchange of a hypodermic needle or syringe for a used
128	126		hypodermic needle or syringe in a disease control pilot program
129	127		described by Subchapter K, Chapter 81.
130	128		(h) Subsections (a) and (b) do not apply to a person who
131	129		possesses or manufactures hypodermic needles or syringes for
132	130		delivery to a disease control pilot program described by Subchapter
133	131		K, Chapter 81.
134	132		(i) Subsections (a) and (b) do not apply to a person who is
135	133		an employee, volunteer, duly authorized agent, or program
136	134		participant of a disease control pilot program described by
137	135		Subchapter K, Chapter 81, and uses, possesses, or delivers a
138	136		hypodermic needle or syringe as part of the program.
139	137		(j) This subsection and Subsections (g), (h), and (i) expire
140	138		September 1, 2031.
141		-	SECTION 6. The change to Section 481.125, Health and Safety
	139	+	SECTION 5. The change to Section 481.125, Health and Safety
142	140		Code, made by this Act applies only to an offense committed on or
143	141		after the effective date of this Act. An offense committed before
144	142		the effective date of this Act is governed by the law in effect when
145	143		the offense was committed, and the former law is continued in effect
146	144		for that purpose. For purposes of this section, an offense is
147	145		committed before the effective date of this Act if any element of
148	146		the offense occurs before the effective date.
149		-	SECTION 7. This Act takes effect September 1, 2021.
	147	+	SECTION 6. This Act takes effect September 1, 2021.