87R2427 SCL-F
By: West S.B. No. 1794
A BILL TO BE ENTITLED
AN ACT
relating to a statewide opioid settlement agreement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 403, Government Code, is amended by
adding Subchapter R to read as follows:
SUBCHAPTER R. STATEWIDE OPIOID SETTLEMENT AGREEMENT
Sec. 403.501. DEFINITIONS. In this chapter:
(1) "Council" means the Texas Opioid Council created
as described by the term sheet to manage the distribution of funds
from the opioid abatement fund in accordance with a statewide
opioid settlement agreement.
(2) "Governmental entity" means:
(A) this state and each of its departments,
agencies, divisions, boards, commissions, and instrumentalities;
and
(B) a political subdivision of this state,
including a county, municipality, special district, school
district, junior college district, and housing authority.
(3) "Released claim" means a claim that has been
released under a statewide opioid settlement agreement.
(4) "Released entity" means an entity against which a
claim has been released under a statewide opioid settlement
agreement.
(5) "Statewide opioid settlement agreement" means all
settlement agreements and related documents entered into by this
state through the attorney general and opioid manufacturers,
distributors, or retailers relating to illegal conduct in the
marketing, promotion, sale, distribution, and dispensing of
opioids that provide relief for this state and political
subdivisions of this state.
(6) "Term sheet" means the Texas Opioid Abatement Fund
Council and Settlement Allocation Term Sheet agreed to by this
state and political subdivisions of this state.
Sec. 403.502. SETTLEMENT RECORDS. The attorney general and
comptroller shall maintain a copy of a statewide opioid settlement
agreement, including any amendments to the agreement, and make the
copy available on the attorney general's and comptroller's Internet
websites.
Sec. 403.503. TEXAS OPIOID ABATEMENT FUND COUNCIL. The
council is administratively attached to the comptroller's office.
The comptroller shall provide the staff and facilities necessary to
assist the council in performing its duties.
Sec. 403.504. DISTRIBUTION OF FUNDS. Funds obtained under
a statewide opioid settlement agreement shall be distributed in
accordance with the term sheet.
Sec. 403.505. EFFECT OF SETTLEMENT ON RELEASED CLAIMS. (a)
A governmental entity may not bring a released claim against a
released entity.
(b) A court shall dismiss with prejudice a pending action
asserting a released claim against a released entity brought by a
governmental entity.
SECTION 2. This Act takes effect September 1, 2021.