Texas 2023 - 88th Regular

Texas House Bill HB3480 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R25525 CJD-D
2	2	By: Turner, Lujan, Harless H.B. No. 3480
3	3	Substitute the following for H.B. No. 3480:
4	4	By: Bowers C.S.H.B. No. 3480
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the reporting of certain overdose information and the
10	10	mapping of overdoses for public safety purposes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter E, Chapter 161, Health and Safety
13	13	Code, is amended by adding Section 161.045 to read as follows:
14	14	Sec. 161.045. MANDATORY REPORTING OF CONTROLLED SUBSTANCE
15	15	OVERDOSES FOR PUBLIC SAFETY MAPPING. (a) In this section:
16	16	(1) "Controlled substance" has the meaning assigned by
17	17	Section 481.002.
18	18	(2) "Emergency medical services personnel" has the
19	19	meaning assigned by Section 773.003.
20	20	(3) "Opioid antagonist" has the meaning assigned by
21	21	Section 483.101.
22	22	(4) "Overdose" means an acute condition caused by
23	23	abuse or misuse of a controlled substance evidenced by symptoms
24	24	such as extreme physical illness, decreased level of consciousness,
25	25	respiratory depression, coma, or death.
26	26	(b) This section applies only to emergency medical services
27	27	personnel operating within the geographical jurisdiction of a local
28	28	health authority or law enforcement agency, as applicable, that has
29	29	entered into a participation agreement for overdose mapping under
30	30	Section 370.007, Local Government Code.
31	31	(c) A person to whom this section applies who responds to an
32	32	overdose incident shall report information about the incident as
33	33	soon as possible to the local health authority or law enforcement
34	34	agency, as applicable, that has entered into the participation
35	35	agreement under Section 370.007, Local Government Code. A person
36	36	satisfies the requirements of this section by reporting information
37	37	to either the appropriate local health authority or law enforcement
38	38	agency.
39	39	(d) A report under this section must include, if possible:
40	40	(1) the date and time of the overdose incident;
41	41	(2) the approximate location of the overdose incident,
42	42	using:
43	43	(A) an address;
44	44	(B) the latitude and longitude of the location;
45	45	or
46	46	(C) the location data from a cellular device;
47	47	(3) whether an opioid antagonist was administered, and
48	48	if so, the number of doses and the type of delivery; and
49	49	(4) whether the overdose was fatal or nonfatal.
50	50	(e) A person who reports information about an overdose
51	51	incident under this section in good faith is not subject to civil or
52	52	criminal liability for making the report.
53	53	(f) A law enforcement agency may use information received
54	54	from a report under this section only for mapping overdose
55	55	locations for public safety purposes.
56	56	(g) Information in a report described by this section is
57	57	confidential and not subject to disclosure under Chapter 552,
58	58	Government Code.
59	59	SECTION 2. Chapter 370, Local Government Code, is amended
60	60	by adding Section 370.007 to read as follows:
61	61	Sec. 370.007. PARTICIPATION AGREEMENT FOR OVERDOSE
62	62	MAPPING. (a) A local health authority or law enforcement agency
63	63	shall enter into a participation agreement with an entity that
64	64	maintains a computerized system for mapping overdoses of one or
65	65	more controlled substances for public safety purposes.
66	66	(b) A local health authority or law enforcement agency shall
67	67	provide information received under Section 161.045, Health and
68	68	Safety Code, to the entity with which the authority or agency has a
69	69	participation agreement under Subsection (a) for purposes of
70	70	entering the information into the computerized system. The local
71	71	health authority or law enforcement agency is not required to
72	72	provide information received under Section 161.045, Health and
73	73	Safety Code, regarding a controlled substance to the entity with
74	74	which the authority or agency has a participation agreement if the
75	75	entity does not maintain an overdose map that includes the
76	76	controlled substance.
77	77	(c) A local health authority or law enforcement agency or an
78	78	employee of a local health authority or law enforcement agency is
79	79	not subject to civil or criminal liability for providing
80	80	information received under Section 161.045, Health and Safety Code,
81	81	to an entity pursuant to a participation agreement under this
82	82	section.
83	83	(d) Information provided to an entity pursuant to a
84	84	participation agreement under this section is confidential and not
85	85	subject to disclosure under Chapter 552, Government Code.
86	86	(e) This section does not waive sovereign immunity to suit
87	87	or liability.
88	88	SECTION 3. This Act takes effect September 1, 2023.