Texas 2021 - 87th Regular

Texas Senate Bill SB2130 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R7060 KKR-F
2	2	By: Blanco S.B. No. 2130
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	11	SECTION 1. The legislature finds that because drug abuse
12	12	has been a tragedy for many Texas families, it is imperative for
13	13	individuals addicted to drugs to receive education about and
14	14	treatment for addiction. Cooperation with community-based and
15	15	faith-based organizations creates a network of support for Texas
16	16	families and the opportunity to intervene in drug addiction.
17	17	Members of community-based and faith-based organizations have a
18	18	strong desire to compassionately preserve lives and help those
19	19	stricken with disease and drug addiction.
20	20	Allowing the operation of disease control pilot programs will
21	21	reduce the transmission of blood-borne diseases, including
22	22	HIV/AIDS, hepatitis B, and hepatitis C, and provide program
23	23	participants with referrals to appropriate health and social
24	24	services. A pilot program established under this Act may provide
25	25	necessary access to primary health care, ensure safe and sterile
26	26	disposal of used syringes and needles, and protect the public
27	27	health. Pilot program goals may include reduced rates of
28	28	intravenous drug use and a reduced number of injuries to innocent
29	29	victims, first responders, and law enforcement caused by needle
30	30	sticks from improperly disposed needles. Additionally, it is the
31	31	intent of the legislature for a pilot program to increase access to
32	32	substance abuse treatment services, increase the likelihood of
33	33	successful treatments for addiction, and protect the public health
34	34	and safety.
35	35	SECTION 2. Section 531.0972, Government Code, is amended to
36	36	read as follows:
37	37	Sec. 531.0972. PILOT PROGRAM TO PREVENT [THE] SPREAD OF
38	38	CERTAIN INFECTIOUS AND [OR] COMMUNICABLE DISEASES. The commission
39	39	may provide guidance to the counties and hospital districts in
40	40	those counties that establish [local health authority of Bexar
41	41	County in establishing] a disease control pilot program under
42	42	Subchapter K, Chapter 81, Health and Safety Code, [funded by the
43	43	county] to prevent the spread of HIV, hepatitis B, hepatitis C, and
44	44	other infectious and communicable diseases. The program may
45	45	include a disease control outreach program that provides for the
46	46	anonymous exchange of used hypodermic needles and syringes.
47	47	SECTION 3. Chapter 81, Health and Safety Code, is amended by
48	48	adding Subchapter K to read as follows:
49	49	SUBCHAPTER K. PILOT PROGRAMS TO REDUCE RISK OF CERTAIN INFECTIOUS
50	50	AND COMMUNICABLE DISEASES
51	51	Sec. 81.501. APPLICABILITY OF SUBCHAPTER. This subchapter
52	52	applies only to Bexar, Dallas, El Paso, Harris, Nueces, Travis, and
53	53	Webb Counties and hospital districts in those counties.
54	54	Sec. 81.502. DISEASE CONTROL PILOT PROGRAM. (a) A county
55	55	or hospital district may establish a disease control pilot program
56	56	under this subchapter to prevent the spread of infectious and
57	57	communicable diseases, including HIV, hepatitis B, and hepatitis C.
58	58	The pilot program may include disease control outreach programs
59	59	that:
60	60	(1) provide for the anonymous exchange of used
61	61	hypodermic needles and syringes for an equal number of new
62	62	hypodermic needles and syringes;
63	63	(2) offer education on the transmission and prevention
64	64	of infectious and communicable diseases, including HIV, hepatitis
65	65	B, and hepatitis C; and
66	66	(3) assist program participants in obtaining health
67	67	care and other physical and mental health-related services,
68	68	including substance abuse treatment services and blood-borne
69	69	disease testing.
70	70	(b) A county or hospital district may register an
71	71	organization to operate the disease control pilot program and
72	72	distribute hypodermic needles and syringes to control the spread of
73	73	certain infectious and blood-borne communicable diseases. The
74	74	county or hospital district may charge the organization a
75	75	registration fee in an amount reasonable and necessary to cover the
76	76	costs of registration oversight, including coordination with law
77	77	enforcement personnel.
78	78	(c) A registered organization may charge a program
79	79	participant a fee for each hypodermic needle or syringe used in the
80	80	program not to exceed 150 percent of the actual cost to the
81	81	organization of the hypodermic needle or syringe.
82	82	(d) A registered organization shall annually provide to the
83	83	department and the county or hospital district that registered the
84	84	organization information on:
85	85	(1) the effectiveness of the disease control pilot
86	86	program;
87	87	(2) the program's impact on reducing the spread of
88	88	infectious and communicable diseases, including HIV, hepatitis B,
89	89	and hepatitis C; and
90	90	(3) the program's effect on injected drug use by
91	91	individuals residing within the county or hospital district.
92	92	Sec. 81.503. DISTRIBUTION OF NEEDLES AND SYRINGES TO PILOT
93	93	PROGRAM. A person licensed as a wholesale drug distributor or
94	94	device distributor under Chapter 431 may distribute hypodermic
95	95	needles and syringes to a disease control pilot program authorized
96	96	by this subchapter.
97	97	Sec. 81.504. HANDLING OF NEEDLES AND SYRINGES. An
98	98	organization registered as provided by Section 81.502:
99	99	(1) shall store hypodermic needles and syringes in a
100	100	proper and secure manner and allow only authorized employees or
101	101	volunteers of the organization's disease control pilot program to
102	102	access the hypodermic needles and syringes;
103	103	(2) may include hypodermic needles and syringes in
104	104	packaged safe kits made available to program participants through
105	105	the program;
106	106	(3) may provide hypodermic needles and syringes and
107	107	safe kits to program participants only through an authorized
108	108	employee or volunteer of the program; and
109	109	(4) shall store and dispose of used hypodermic needles
110	110	and syringes in accordance with applicable state laws and
111	111	administrative rules governing the safe and proper disposal of
112	112	medical waste.
113	113	Sec. 81.505. FUNDING. Except to the extent specifically
114	114	prohibited by law, an organization registered to operate a disease
115	115	control pilot program as provided by Section 81.502 may solicit or
116	116	accept gifts, grants, or donations to fund the program.
117	117	Sec. 81.506. EXPIRATION. This subchapter expires September
118	118	1, 2031.
119	119	SECTION 4. Section 481.125, Health and Safety Code, is
120	120	amended by adding Subsections (g), (h), (i), and (j) to read as
121	121	follows:
122	122	(g) Subsections (a) and (b) do not apply to a person who
123	123	possesses or delivers a hypodermic needle or syringe for a medical
124	124	purpose. For the purposes of this subsection, "medical purpose"
125	125	includes the exchange of a hypodermic needle or syringe for a used
126	126	hypodermic needle or syringe in a disease control pilot program
127	127	described by Subchapter K, Chapter 81.
128	128	(h) Subsections (a) and (b) do not apply to a person who
129	129	possesses or manufactures hypodermic needles or syringes for
130	130	delivery to a disease control pilot program described by Subchapter
131	131	K, Chapter 81.
132	132	(i) Subsections (a) and (b) do not apply to a person who is
133	133	an employee, volunteer, duly authorized agent, or program
134	134	participant of a disease control pilot program described by
135	135	Subchapter K, Chapter 81, and uses, possesses, or delivers a
136	136	hypodermic needle or syringe as part of the program.
137	137	(j) This subsection and Subsections (g), (h), and (i) expire
138	138	September 1, 2031.
139	139	SECTION 5. The change to Section 481.125, Health and Safety
140	140	Code, made by this Act applies only to an offense committed on or
141	141	after the effective date of this Act. An offense committed before
142	142	the effective date of this Act is governed by the law in effect when
143	143	the offense was committed, and the former law is continued in effect
144	144	for that purpose. For purposes of this section, an offense is
145	145	committed before the effective date of this Act if any element of
146	146	the offense occurs before the effective date.
147	147	SECTION 6. This Act takes effect September 1, 2021.