| 1 | 1 | | 87R2427 SCL-F |
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| 2 | 2 | | By: West S.B. No. 1794 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a statewide opioid settlement agreement. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 403, Government Code, is amended by |
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| 10 | 10 | | adding Subchapter R to read as follows: |
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| 11 | 11 | | SUBCHAPTER R. STATEWIDE OPIOID SETTLEMENT AGREEMENT |
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| 12 | 12 | | Sec. 403.501. DEFINITIONS. In this chapter: |
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| 13 | 13 | | (1) "Council" means the Texas Opioid Council created |
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| 14 | 14 | | as described by the term sheet to manage the distribution of funds |
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| 15 | 15 | | from the opioid abatement fund in accordance with a statewide |
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| 16 | 16 | | opioid settlement agreement. |
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| 17 | 17 | | (2) "Governmental entity" means: |
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| 18 | 18 | | (A) this state and each of its departments, |
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| 19 | 19 | | agencies, divisions, boards, commissions, and instrumentalities; |
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| 20 | 20 | | and |
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| 21 | 21 | | (B) a political subdivision of this state, |
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| 22 | 22 | | including a county, municipality, special district, school |
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| 23 | 23 | | district, junior college district, and housing authority. |
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| 24 | 24 | | (3) "Released claim" means a claim that has been |
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| 25 | 25 | | released under a statewide opioid settlement agreement. |
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| 26 | 26 | | (4) "Released entity" means an entity against which a |
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| 27 | 27 | | claim has been released under a statewide opioid settlement |
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| 28 | 28 | | agreement. |
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| 29 | 29 | | (5) "Statewide opioid settlement agreement" means all |
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| 30 | 30 | | settlement agreements and related documents entered into by this |
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| 31 | 31 | | state through the attorney general and opioid manufacturers, |
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| 32 | 32 | | distributors, or retailers relating to illegal conduct in the |
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| 33 | 33 | | marketing, promotion, sale, distribution, and dispensing of |
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| 34 | 34 | | opioids that provide relief for this state and political |
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| 35 | 35 | | subdivisions of this state. |
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| 36 | 36 | | (6) "Term sheet" means the Texas Opioid Abatement Fund |
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| 37 | 37 | | Council and Settlement Allocation Term Sheet agreed to by this |
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| 38 | 38 | | state and political subdivisions of this state. |
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| 39 | 39 | | Sec. 403.502. SETTLEMENT RECORDS. The attorney general and |
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| 40 | 40 | | comptroller shall maintain a copy of a statewide opioid settlement |
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| 41 | 41 | | agreement, including any amendments to the agreement, and make the |
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| 42 | 42 | | copy available on the attorney general's and comptroller's Internet |
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| 43 | 43 | | websites. |
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| 44 | 44 | | Sec. 403.503. TEXAS OPIOID ABATEMENT FUND COUNCIL. The |
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| 45 | 45 | | council is administratively attached to the comptroller's office. |
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| 46 | 46 | | The comptroller shall provide the staff and facilities necessary to |
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| 47 | 47 | | assist the council in performing its duties. |
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| 48 | 48 | | Sec. 403.504. DISTRIBUTION OF FUNDS. Funds obtained under |
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| 49 | 49 | | a statewide opioid settlement agreement shall be distributed in |
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| 50 | 50 | | accordance with the term sheet. |
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| 51 | 51 | | Sec. 403.505. EFFECT OF SETTLEMENT ON RELEASED CLAIMS. (a) |
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| 52 | 52 | | A governmental entity may not bring a released claim against a |
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| 53 | 53 | | released entity. |
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| 54 | 54 | | (b) A court shall dismiss with prejudice a pending action |
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| 55 | 55 | | asserting a released claim against a released entity brought by a |
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| 56 | 56 | | governmental entity. |
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| 57 | 57 | | SECTION 2. This Act takes effect September 1, 2021. |
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