Texas 2021 - 87th Regular

Texas Senate Bill SB1827 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1827
	1	+	87R26783 SCL-D
	2	+	By: Huffman, et al. S.B. No. 1827
	3	+	(Holland)
	4	+	Substitute the following for S.B. No. 1827: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the creation of the opioid abatement account, an opioid
6	10		abatement trust fund, and a statewide opioid settlement agreement.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Chapter 403, Government Code, is amended by
9	13		adding Subchapter R to read as follows:
10	14		SUBCHAPTER R. STATEWIDE OPIOID SETTLEMENT AGREEMENT
11	15		Sec. 403.501. DEFINITIONS. In this subchapter:
12	16		(1) "Account" means the opioid abatement account
13	17		established by Section 403.505.
14	18		(2) "Council" means the Texas opioid abatement fund
15	19		council established by Section 403.503 to manage the distribution
16	20		of money allocated to the council from the opioid abatement trust
17	21		fund in accordance with a statewide opioid settlement agreement.
18	22		(3) "Fund" means the opioid abatement trust fund
19	23		established by Section 403.506.
20	24		(4) "Released entity" means an entity against which a
21	25		claim is released under a statewide opioid settlement agreement.
22	26		(5) "Statewide opioid settlement agreement" means all
23	27		settlement agreements and related documents entered into by this
24	28		state through the attorney general, political subdivisions that
25	29		have brought a civil action for an opioid-related harm claim
26	30		against an opioid manufacturer, distributor, or retailer, and
27	31		opioid manufacturers, distributors, or retailers relating to
28	32		illegal conduct in the marketing, promotion, sale, distribution,
29	33		and dispensation of opioids that provide relief for this state and
30	34		political subdivisions of this state.
31	35		(6) "Trust company" means the Texas Treasury
32	36		Safekeeping Trust Company.
33	37		Sec. 403.502. SETTLEMENT RECORDS. The attorney general and
34	38		comptroller shall maintain a copy of a statewide opioid settlement
35	39		agreement, including any amendments to the agreement, and make the
36	40		copy available on the attorney general's and comptroller's Internet
37	41		websites.
38	42		Sec. 403.503. TEXAS OPIOID ABATEMENT FUND COUNCIL.
39	43		(a) The Texas opioid abatement fund council is established to
40	44		ensure that money recovered by this state through a statewide
41	45		opioid settlement agreement is allocated fairly and spent to
42	46		remediate the opioid crisis in this state by using efficient and
43	47		cost-effective methods that are directed to regions of this state
44	48		experiencing opioid-related harms.
45	49		(b) The council is composed of the following 14 members:
46	50		(1) six regional members, appointed by the executive
47	51		commissioner of the Health and Human Services Commission, who are
48	52		from academia or the medical profession with significant experience
49	53		in opioid interventions and who each are appointed to represent one
50	54		of the following groups of regional health care partnership
51	55		regions:
52	56		(A) regions 9 and 10;
53	57		(B) region 3;
54	58		(C) regions 11, 12, 13, 14, 15, and 19;
55	59		(D) regions 6, 7, 8, and 16;
56	60		(E) regions 1, 2, 17, and 18; and
57	61		(F) regions 4, 5, and 20;
58	62		(2) four members who are current or retired health
59	63		care professionals holding or formerly holding a license under
60	64		Title 3, Occupations Code, with significant experience in treating
61	65		opioid-related harms and who are appointed as follows:
62	66		(A) one member appointed by the governor;
63	67		(B) one member appointed by the lieutenant
64	68		governor;
65	69		(C) one member appointed by the speaker of the
66	70		house of representatives; and
67	71		(D) one member appointed by the attorney general;
68	72		(3) one member who is employed by a hospital district
69	73		and is appointed by the governor;
70	74		(4) one member who is employed by a hospital district
71	75		and is appointed by the attorney general;
72	76		(5) one member appointed by the governor and who is a
73	77		member of a law enforcement agency and has experience with
74	78		opioid-related harms; and
75	79		(6) one nonvoting member who serves as the presiding
76	80		officer of the council and is the comptroller or the comptroller's
77	81		designee.
78	82		(c) In making appointments under Subsection (b)(1), the
79	83		executive commissioner of the Health and Human Services Commission
80	84		shall appoint members from a list of two qualified candidates
81	85		provided by the governing bodies of counties and municipalities
82	86		that:
83	87		(1) brought a civil action for an opioid-related harm
84	88		against a released entity;
85	89		(2) released an opioid-related harm claim in a
86	90		statewide opioid settlement agreement; and
87	91		(3) are located within the regions for which the
88	92		member is being appointed.
89	93		(d) In making appointments under Subsection (b), the
90	94		governor, lieutenant governor, speaker of the house of
91	95		representatives, and attorney general shall coordinate to ensure
92	96		that the membership of the council reflects, to the extent
93	97		possible, the ethnic and geographic diversity of this state.
94	98		(e) The council is administratively attached to the
95	99		comptroller. The comptroller shall provide the staff and
96	100		facilities necessary to assist the council in performing its
97	101		duties.
98	102		Sec. 403.504. COUNCIL OPERATION. (a) A council member is
99	103		not entitled to compensation for council service but is entitled to
100	104		reimbursement for actual and necessary expenses incurred in
101	105		performing council duties.
102	106		(b) The council may hold public meetings as necessary to
103	107		fulfill its duties under this subchapter.
104	108		(c) The council is subject to Chapters 551 and 552.
105	109		Sec. 403.505. OPIOID ABATEMENT ACCOUNT. (a) The opioid
106	110		abatement account is a dedicated account in the general revenue
107	111		fund administered by the comptroller.
108	112		(b) The account is composed of:
109	113		(1) money obtained from a statewide opioid settlement
110	114		agreement and deposited in the account under Section 403.507;
111	115		(2) money received by the state from any other source
112	116		resulting directly or indirectly from an action by the state
113	117		against an opioid manufacturer, an opioid distributor, or another
114	118		person in the opioid industry relating to a violation of state or
115	119		federal law on the manufacture, marketing, distribution, or sale of
116	120		opioids, other than money distributed to a political subdivision of
117	121		the state in accordance with the terms of a settlement agreement or
118	122		judgment;
119	123		(3) money appropriated or transferred to the account
120	124		by the legislature;
121	125		(4) gifts and grants contributed to the account; and
122	126		(5) earnings on the principal of the account.
123	127		(c) Money in the account may be appropriated only to a state
124	128		agency for the abatement of opioid-related harms.
125	129		(d) A state agency may use money appropriated from the
126	130		account only to:
127	131		(1) prevent opioid use disorder through
128	132		evidence-based education and prevention, such as school-based
129	133		prevention, early intervention, or health care services or programs
130	134		intended to reduce the risk of opioid use by school-age children;
131	135		(2) support efforts to prevent or reduce deaths from
132	136		opioid overdoses or other opioid-related harms, including through
133	137		increasing the availability or distribution of naloxone or other
134	138		opioid antagonists for use by health care providers, first
135	139		responders, persons experiencing an opioid overdose, families,
136	140		schools, community-based service providers, social workers, or
137	141		other members of the public;
138	142		(3) create and provide training on the treatment of
139	143		opioid addiction, including the treatment of opioid dependence with
140	144		each medication approved for that purpose by the United States Food
141	145		and Drug Administration, medical detoxification, relapse
142	146		prevention, patient assessment, individual treatment planning,
143	147		counseling, recovery supports, diversion control, and other best
144	148		practices;
145	149		(4) provide opioid use disorder treatment for youths
146	150		and adults, with an emphasis on programs that provide a continuum of
147	151		care that includes screening and assessment for opioid use disorder
148	152		and co-occurring behavioral health disorders, early intervention,
149	153		contingency management, cognitive behavioral therapy, case
150	154		management, relapse management, counseling services, and
151	155		medication-assisted treatments;
152	156		(5) provide patients suffering from opioid dependence
153	157		with access to all medications approved by the United States Food
154	158		and Drug Administration for the treatment of opioid dependence and
155	159		relapse prevention following opioid detoxification, including
156	160		opioid agonists, partial agonists, and antagonists;
157	161		(6) support efforts to reduce the abuse or misuse of
158	162		addictive prescription medications, including tools used to give
159	163		health care providers information needed to protect the public from
160	164		the harm caused by improper use of those medications;
161	165		(7) support treatment alternatives that provide both
162	166		psychosocial support and medication-assisted treatments in areas
163	167		with geographical or transportation-related challenges, including
164	168		providing access to mobile health services and telemedicine,
165	169		particularly in rural areas;
166	170		(8) address:
167	171		(A) the needs of persons involved with criminal
168	172		justice; and
169	173		(B) rural county unattended deaths; or
170	174		(9) further any other purpose related to opioid
171	175		abatement authorized by appropriation.
172	176		(e) Section 404.071 does not apply to the account.
173	177		Sec. 403.506. OPIOID ABATEMENT TRUST FUND. (a) The opioid
174	178		abatement trust fund is a trust fund established outside of the
175	179		state treasury for the purposes of this subchapter that is
176	180		administered by the trust company. The trust company may authorize
177	181		money from the fund to be invested with money from the state
178	182		treasury.
179	183		(b) The fund consists of:
180	184		(1) money obtained under a statewide opioid settlement
181	185		agreement and deposited in the fund under Section 403.507; and
182	186		(2) interest, dividends, and other income of the fund.
183	187		(c) The trust company shall:
184	188		(1) distribute to counties and municipalities to
185	189		address opioid-related harms in those communities an amount equal
186	190		to 15 percent of the total amount of money obtained under a
187	191		statewide opioid settlement agreement and distributed to the fund
188	192		and the account under Section 403.507; and
189		-	(2) allocate an amount equal to 70 percent of the total
190		-	amount of money obtained under a statewide opioid settlement
191		-	agreement and distributed to the fund and the account under Section
192		-	403.507 as follows:
193		-	(A) $5 million of the amount distributed to the
194		-	fund to the Texas Access to Justice Foundation to be expended only
195		-	on the order of the Supreme Court of Texas for the purpose of
196		-	providing basic civil legal services to indigent persons directly
197		-	impacted by opioid-use disorders, including children who need basic
198		-	civil legal services as a result of opioid-use disorders by a
199		-	parent, legal guardian or caretaker; and
200		-	(B) the remainder of that 70 percent to the
201		-	council.
	193	+	(2) allocate to the council an amount equal to 70
	194	+	percent of the total amount of money obtained under a statewide
	195	+	opioid settlement agreement and distributed to the fund and the
	196	+	account under Section 403.507.
202	197		(d) The trust company shall distribute money allocated
203	198		under Subsection (c)(2) at the direction of the council.
204	199		(e) The council shall provide to the trust company an annual
205	200		forecast of money deposited and withdrawn from the fund and provide
206	201		updates to the forecast as appropriate to ensure the trust company
207	202		is able to achieve the council's directives.
208	203		(f) In investing money from the fund and subject to the
209	204		council's direction, the trust company has the same investment
210	205		authority with respect to the fund as the comptroller has under
211	206		Sections 404.0241(a) and (c) with respect to the economic
212	207		stabilization fund.
213	208		Sec. 403.507. DEPOSIT AND ALLOCATION OF SETTLEMENT MONEY;
214	209		EFFECT OF BANKRUPTCY. (a) Money obtained under a statewide opioid
215	210		settlement agreement must be deposited as provided by this section
216	211		and further allocated in accordance with the settlement agreement.
217	212		(b) Of money obtained under a statewide opioid settlement
218	213		agreement:
219	214		(1) 15 percent shall be deposited into the account;
220	215		and
221	216		(2) 85 percent shall be deposited into the fund.
222	217		(c) For the purposes of a statewide opioid settlement
223	218		agreement in relation to a bankruptcy plan for a released entity,
224	219		money is distributed in accordance with the bankruptcy plan.
225	220		Sec. 403.508. COUNCIL ALLOCATION OF MONEY. (a) Of the
226	221		money allocated to the council under Section 403.506(c)(2), the
227	222		council shall allocate:
228	223		(1) one percent to the comptroller for the
229	224		administration of the council and this subchapter;
230	225		(2) 15 percent to hospital districts; and
231	226		(3) the remaining money based on the opioid abatement
232	227		strategy developed by the council under Section 403.509.
233	228		(b) The comptroller may spend money from the fund for
234	229		purposes of Subsection (a)(1). If the comptroller determines that
235	230		the allocation under that subdivision exceeds the amount that is
236	231		reasonable and necessary for the comptroller to administer the
237	232		council and this subchapter, the comptroller may reallocate the
238	233		excess money in accordance with Subsection (a)(3).
239	234		Sec. 403.509. COUNCIL POWERS AND DUTIES AND
240	235		COUNCIL-APPROVED OPIOID ABATEMENT STRATEGY. (a) The council
241	236		shall:
242	237		(1) determine and approve one or more evidence-based
243	238		opioid abatement strategies that include:
244	239		(A) an annual regional allocation methodology to
245	240		distribute 75 percent of money distributed under Section
246	241		403.508(a)(3) based on population health information and
247	242		prevalence of opioid incidences as provided by law; and
248	243		(B) an annual targeted allocation to distribute
249	244		25 percent of money distributed under Section 403.508(a)(3) for
250	245		targeted interventions as identified by opioid incidence
251	246		information;
252	247		(2) wholly or partly reallocate the targeted money
253	248		between regions if a region for which targeted money is allocated is
254	249		unable to use all of the targeted money;
255	250		(3) develop an application and award process for
256	251		funding;
257	252		(4) review grant funding applications and provide
258	253		grant awards and funding allocations;
259	254		(5) monitor grant agreements authorized by this
260	255		subchapter and require each grant recipient to comply with the
261	256		terms of the grant agreement or reimburse the grant to the council;
262	257		and
263	258		(6) determine the percentage of money that may be used
264	259		for development of education and outreach programs to provide
265	260		materials on the consequences of opioid drug use and prevention and
266	261		intervention, including online resources and toolkits.
267	262		(b) The council may reallocate money between regions based
268	263		on the funding needs of all regions if money allocated to a region
269	264		lapses or is not used in the year that the money is allocated for use
270	265		in the region.
271	266		(c) To approve any decision or strategy, at least four of
272	267		the members appointed under Section 403.503(b)(1) and four of the
273	268		members appointed under Sections 403.503(b)(2)-(5) must approve
274	269		the decision or strategy.
275	270		Sec. 403.510. REPORT. Not later than October 1 of each
276	271		year, the council shall submit a written report to the legislature
277	272		detailing all expenditures made by the council during the preceding
278	273		state fiscal year.
279	274		Sec. 403.511. RULEMAKING. The council may adopt rules to
280	275		implement this subchapter.
281	276		SECTION 2. The individuals responsible for appointing the
282	277		Texas opioid abatement fund council under Section 403.503,
283	278		Government Code, as added by this Act, shall make all appointments
284	279		under that section not later than the 60th day after the effective
285	280		date of this Act.
286	281		SECTION 3. The comptroller of public accounts is required
287	282		to implement a provision of this Act only if the legislature
288	283		appropriates money specifically for that purpose. If the
289	284		legislature does not appropriate money specifically for that
290	285		purpose, the comptroller may, but is not required to, implement a
291	286		provision of this Act using other appropriations available for that
292	287		purpose.
293	288		SECTION 4. This Act takes effect immediately if it receives
294	289		a vote of two-thirds of all the members elected to each house, as
295	290		provided by Section 39, Article III, Texas Constitution. If this
296	291		Act does not receive the vote necessary for immediate effect, this
297	292		Act takes effect September 1, 2021.
298		-	______________________________ ______________________________
299		-	President of the Senate Speaker of the House
300		-	I hereby certify that S.B. No. 1827 passed the Senate on
301		-	April 28, 2021, by the following vote: Yeas 31, Nays 0; and that
302		-	the Senate concurred in House amendments on May 29, 2021, by the
303		-	following vote: Yeas 31, Nays 0.
304		-	______________________________
305		-	Secretary of the Senate
306		-	I hereby certify that S.B. No. 1827 passed the House, with
307		-	amendments, on May 24, 2021, by the following vote: Yeas 143,
308		-	Nays 0, one present not voting.
309		-	______________________________
310		-	Chief Clerk of the House
311		-	Approved:
312		-	______________________________
313		-	Date
314		-	______________________________
315		-	Governor