Texas 2023 - 88th Regular

Texas House Bill HB4173 Compare Versions

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1	1	88R10867 CJD-F
2	2	By: Klick H.B. No. 4173
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to state overdose prevention and control efforts and the
8	8	defense to prosecution for certain offenses involving possession of
9	9	small amounts of controlled substances, marihuana, dangerous
10	10	drugs, or abusable volatile chemicals, or possession of drug
11	11	paraphernalia for defendants seeking assistance for a suspected
12	12	overdose.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	ARTICLE 1. OVERDOSE PREVENTION AND CONTROL
15	15	SECTION 1.01. Subtitle C, Title 6, Health and Safety Code,
16	16	is amended by adding Chapter 490 to read as follows:
17	17	CHAPTER 490. OVERDOSE PREVENTION AND CONTROL
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 490.001. DEFINITIONS. In this subchapter:
20	20	(1) "Application programming interface" means a set of
21	21	tools, definitions, and protocols for building and integrating
22	22	application software and service with different software programs.
23	23	(2) "Controlled substance" has the meaning assigned by
24	24	Section 481.002.
25	25	(3) "Department" means the Department of State Health
26	26	Services.
27	27	(4) "Executive commissioner" means the executive
28	28	commissioner of the Health and Human Services Commission.
29	29	(5) "Information technology platform" means the
30	30	Overdose Detection Mapping Application Program or a similar system
31	31	that tracks overdose information for public safety purposes.
32	32	(6) "Opioid antagonist" has the meaning assigned by
33	33	Section 483.101.
34	34	SUBCHAPTER B. DATA COLLECTION AND REPORTING
35	35	Sec. 490.051. OVERDOSE MAPPING. (a) The department shall
36	36	develop an overdose mapping and response system in which a central
37	37	repository containing information about overdose incidents is
38	38	established and maintained using the information technology
39	39	platform.
40	40	(b) The department shall design the overdose mapping and
41	41	response system to avoid data entry duplication wherever possible.
42	42	The system may include one or more application programming
43	43	interfaces to transfer information about overdose incidents that
44	44	are reported to active databases in this state to the information
45	45	technology platform.
46	46	Sec. 490.052. OVERDOSE REPORTING. (a) A law enforcement
47	47	officer who responds to an overdose incident shall report
48	48	information about the incident to the information technology
49	49	platform as soon as possible but not later than 24 hours after the
50	50	incident.
51	51	(b) A person who administers emergency services and
52	52	responds to an overdose incident or transports a person
53	53	experiencing a confirmed or suspected overdose to a medical
54	54	facility shall report information about the incident to the
55	55	information technology platform as soon as possible but not later
56	56	than 24 hours after the incident.
57	57	(c) When a coroner, medical examiner, or other individual
58	58	responsible for determining the cause of death determines that the
59	59	death of a person was caused by an overdose, the coroner, medical
60	60	examiner, or other individual shall report information about the
61	61	overdose incident to the information technology platform, or give
62	62	the information to a person authorized to report it, as soon as
63	63	possible but not later than 24 hours after the determination of the
64	64	cause of death.
65	65	(d) A report under this section must include:
66	66	(1) the date and time of the overdose incident;
67	67	(2) the approximate location of the overdose incident;
68	68	(3) whether an opioid antagonist was administered, and
69	69	if so, the number of doses and the type of delivery;
70	70	(4) whether the overdose was fatal or nonfatal;
71	71	(5) the sex and approximate age of the person
72	72	suffering the overdose incident; and
73	73	(6) the suspected substance involved.
74	74	(e) A person who reports information about an overdose
75	75	incident under this subchapter in good faith is not subject to civil
76	76	or criminal liability for making the report unless the act
77	77	constitutes wilful or wanton negligence.
78	78	Sec. 490.053. OVERDOSE SPIKE RESPONSE PLANS. (a) The
79	79	department shall:
80	80	(1) identify parameters for identifying an overdose
81	81	spike throughout the state; and
82	82	(2) create overdose spike response plans that
83	83	coordinate the response of public health, public safety, and
84	84	emergency management agencies and officials, first responders,
85	85	community organizations, health care providers, and the media with
86	86	the goal of preventing and reducing the harm caused by overdose
87	87	spikes.
88	88	(b) In developing overdose spike response plans, the
89	89	department may:
90	90	(1) establish public safety, public health, and
91	91	behavioral health partnerships within the state;
92	92	(2) assist local communities in identifying
93	93	additional ways to use information about overdose incidents to
94	94	deploy public health, behavioral health, and public safety
95	95	responses to address specific geographic areas or high-risk
96	96	populations;
97	97	(3) assist in the distribution of opioid antagonists
98	98	throughout the state; and
99	99	(4) assist in implementing strategies to reduce drug
100	100	supply and demand, especially in high-risk areas and where there
101	101	are high volumes of high-risk populations.
102	102	Sec. 490.054. REPORT BY DEPARTMENT. Not later than
103	103	September 1 of each year, the department shall submit an annual
104	104	report to the legislature regarding the overdose mapping and
105	105	response system under this subchapter. The report must include:
106	106	(1) the number of overdose incidents reported and the
107	107	approximate locations where the overdose incidents occurred,
108	108	including any clusters of overdose incidents;
109	109	(2) the entities or individuals reporting information
110	110	about overdose incidents;
111	111	(3) the percentage of overdose incidents involving
112	112	fatal overdoses; and
113	113	(4) the manner in which the reported information about
114	114	overdose incidents was used for public health, behavioral health,
115	115	and public safety responses, the outcomes of those responses, and
116	116	the impact on affected communities.
117	117	Sec. 490.055. LIMITATIONS ON DATA USE. (a) Information
118	118	about overdose incidents reported to the overdose mapping and
119	119	response system by a person other than a law enforcement officer may
120	120	not be used for a criminal investigation or prosecution of any
121	121	person.
122	122	(b) Information about overdose incidents reported to, and
123	123	accessible through, the overdose mapping and response system is
124	124	confidential and is not subject to disclosure under Chapter 552,
125	125	Government Code.
126	126	SUBCHAPTER C. STATEWIDE OVERDOSE PREVENTION AND EDUCATION
127	127	Sec. 490.101. FENTANYL ADDICTION AND OVERDOSE PREVENTION
128	128	AND EDUCATION CAMPAIGN. (a) The department shall develop,
129	129	implement, and maintain an ongoing statewide prevention and
130	130	education campaign to address the fentanyl education needs in this
131	131	state.
132	132	(b) The campaign must include:
133	133	(1) information for the general public about fentanyl;
134	134	(2) precautionary measures to avoid risks and prevent
135	135	harm caused by fentanyl;
136	136	(3) resources for addiction treatment and services;
137	137	and
138	138	(4) information on laws regarding the manufacture,
139	139	delivery, possession, and use of fentanyl, including criminal
140	140	penalties and immunities for reporting an overdose.
141	141	(c) The department may use television advertisements, radio
142	142	broadcasts, print media, or any other media or digital strategies
143	143	necessary and appropriate to reach the target audience of the
144	144	campaign.
145	145	(c-1) The department shall provide at least five regional
146	146	training sessions during the first year of operation of the
147	147	campaign for community partners to implement youth health
148	148	development strategies. This subsection expires December 1, 2025.
149	149	(d) The department shall develop, implement, and maintain
150	150	an Internet website to serve as the state resource for the most
151	151	accurate and timely information regarding fentanyl. The website
152	152	must include the information described by Subsection (b).
153	153	Sec. 490.102. STATEWIDE SUBSTANCE ABUSE PREVENTION
154	154	COLLABORATIVE. (a) The department shall establish a Substance
155	155	Abuse Prevention Collaborative, composed of the number and
156	156	composition of members as determined by the executive commissioner
157	157	to be appropriate. The executive commissioner shall appoint members
158	158	from:
159	159	(1) institutions of higher education;
160	160	(2) nonprofit agencies;
161	161	(3) state agencies; and
162	162	(4) other stakeholders as determined by the executive
163	163	commissioner.
164	164	(b) The Substance Abuse Prevention Collaborative shall:
165	165	(1) gather feedback from stakeholders concerning
166	166	evidence-based overdose prevention practices;
167	167	(2) work with prevention specialists to provide and
168	168	support training to strengthen the state's prevention workforce;
169	169	(3) coordinate with and assist state agencies and
170	170	communities to strengthen prevention infrastructure;
171	171	(4) implement a statewide strategic plan for
172	172	prevention of substance use disorders;
173	173	(5) advance the use of tested and effective prevention
174	174	programs and practices through education, outreach, advocacy, and
175	175	technical assistance;
176	176	(6) direct efforts to raise public awareness of the
177	177	cost savings of prevention measures;
178	178	(7) provide direct training and technical assistance
179	179	to communities regarding the selection, implementation, and
180	180	sustainment of tested and effective prevention programs;
181	181	(8) provide recommendations to state agencies and
182	182	communities regarding innovative prevention programs and
183	183	practices;
184	184	(9) support funding efforts to align funding and
185	185	services and communicate with communities about funding
186	186	strategies;
187	187	(10) work with key state and community stakeholders to
188	188	establish minimum standards for prevention programs; and
189	189	(11) not later than September 1 of each year, submit an
190	190	annual report to the legislature of the collaborative's progress.
191	191	Sec. 490.103. STATE OVERDOSE PREVENTION GRANT PROGRAM. (a)
192	192	The department shall develop and implement a grant program to
193	193	prevent overdose deaths and reduce health risks associated with
194	194	substance abuse.
195	195	(b) To be eligible to receive a grant, an entity must be:
196	196	(1) a nonprofit organization that is in good standing
197	197	and registered with the Internal Revenue Service and the secretary
198	198	of state's office;
199	199	(2) a federally qualified health center or rural
200	200	health clinic, as defined by 42 U.S.C. Section 1396d(l); or
201	201	(3) a law enforcement agency.
202	202	(c) An eligible entity may submit an application on behalf
203	203	of a group of eligible entities, and apportion grant money
204	204	accordingly, to foster community collaboration and collective
205	205	impact.
206	206	(d) The department shall:
207	207	(1) develop additional eligibility criteria for grant
208	208	funding;
209	209	(2) review applications for funding; and
210	210	(3) award funding based on the developed criteria.
211	211	ARTICLE 2. DEFENSES TO CERTAIN CONTROLLED SUBSTANCE POSSESSION
212	212	OFFENSES
213	213	SECTION 2.01. Section 481.115(h), Health and Safety Code,
214	214	is amended to read as follows:
215	215	(h) The defense to prosecution provided by Subsection (g) is
216	216	not available if[:
217	217	[(1)] at the time the request for emergency medical
218	218	assistance was made:
219	219	(1) [(A)] a peace officer was in the process of
220	220	arresting the actor or executing a search warrant describing the
221	221	actor or the place from which the request for medical assistance was
222	222	made; or
223	223	(2) [(B)] the actor is committing another offense,
224	224	other than an offense punishable under Section 481.1151(b)(1),
225	225	481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
226	226	481.121(b)(1) or (2), or an offense under Section 481.119(b),
227	227	481.125(a), 483.041(a), or 485.031(a)[;
228	228	[(2) the actor has been previously convicted of or
229	229	placed on deferred adjudication community supervision for an
230	230	offense under this chapter or Chapter 483 or 485;
231	231	[(3) the actor was acquitted in a previous proceeding
232	232	in which the actor successfully established the defense under that
233	233	subsection or Section 481.1151(c), 481.116(f), 481.1161(c),
234	234	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
235	235	483.041(e), or 485.031(c); or
236	236	[(4) at any time during the 18-month period preceding
237	237	the date of the commission of the instant offense, the actor
238	238	requested emergency medical assistance in response to the possible
239	239	overdose of the actor or another person].
240	240	SECTION 2.02. Section 481.1151(d), Health and Safety Code,
241	241	is amended to read as follows:
242	242	(d) The defense to prosecution provided by Subsection (c) is
243	243	not available if[:
244	244	[(1)] at the time the request for emergency medical
245	245	assistance was made:
246	246	(1) [(A)] a peace officer was in the process of
247	247	arresting the actor or executing a search warrant describing the
248	248	actor or the place from which the request for medical assistance was
249	249	made; or
250	250	(2) [(B)] the actor is committing another offense,
251	251	other than an offense punishable under Section 481.115(b),
252	252	481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
253	253	481.121(b)(1) or (2), or an offense under Section 481.119(b),
254	254	481.125(a), 483.041(a), or 485.031(a)[;
255	255	[(2) the actor has been previously convicted of or
256	256	placed on deferred adjudication community supervision for an
257	257	offense under this chapter or Chapter 483 or 485;
258	258	[(3) the actor was acquitted in a previous proceeding
259	259	in which the actor successfully established the defense under that
260	260	subsection or Section 481.115(g), 481.116(f), 481.1161(c),
261	261	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
262	262	483.041(e), or 485.031(c); or
263	263	[(4) at any time during the 18-month period preceding
264	264	the date of the commission of the instant offense, the actor
265	265	requested emergency medical assistance in response to the possible
266	266	overdose of the actor or another person].
267	267	SECTION 2.03. Section 481.116(g), Health and Safety Code,
268	268	is amended to read as follows:
269	269	(g) The defense to prosecution provided by Subsection (f) is
270	270	not available if[:
271	271	[(1)] at the time the request for emergency medical
272	272	assistance was made:
273	273	(1) [(A)] a peace officer was in the process of
274	274	arresting the actor or executing a search warrant describing the
275	275	actor or the place from which the request for medical assistance was
276	276	made; or
277	277	(2) [(B)] the actor is committing another offense,
278	278	other than an offense punishable under Section 481.115(b),
279	279	481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
280	280	481.121(b)(1) or (2), or an offense under Section 481.119(b),
281	281	481.125(a), 483.041(a), or 485.031(a)[;
282	282	[(2) the actor has been previously convicted of or
283	283	placed on deferred adjudication community supervision for an
284	284	offense under this chapter or Chapter 483 or 485;
285	285	[(3) the actor was acquitted in a previous proceeding
286	286	in which the actor successfully established the defense under that
287	287	subsection or Section 481.115(g), 481.1151(c), 481.1161(c),
288	288	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
289	289	483.041(e), or 485.031(c); or
290	290	[(4) at any time during the 18-month period preceding
291	291	the date of the commission of the instant offense, the actor
292	292	requested emergency medical assistance in response to the possible
293	293	overdose of the actor or another person].
294	294	SECTION 2.04. Section 481.1161(d), Health and Safety Code,
295	295	is amended to read as follows:
296	296	(d) The defense to prosecution provided by Subsection (c) is
297	297	not available if[:
298	298	[(1)] at the time the request for emergency medical
299	299	assistance was made:
300	300	(1) [(A)] a peace officer was in the process of
301	301	arresting the actor or executing a search warrant describing the
302	302	actor or the place from which the request for medical assistance was
303	303	made; or
304	304	(2) [(B)] the actor is committing another offense,
305	305	other than an offense punishable under Section 481.115(b),
306	306	481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or
307	307	481.121(b)(1) or (2), or an offense under Section 481.119(b),
308	308	481.125(a), 483.041(a), or 485.031(a)[;
309	309	[(2) the actor has been previously convicted of or
310	310	placed on deferred adjudication community supervision for an
311	311	offense under this chapter or Chapter 483 or 485;
312	312	[(3) the actor was acquitted in a previous proceeding
313	313	in which the actor successfully established the defense under that
314	314	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
315	315	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
316	316	483.041(e), or 485.031(c); or
317	317	[(4) at any time during the 18-month period preceding
318	318	the date of the commission of the instant offense, the actor
319	319	requested emergency medical assistance in response to the possible
320	320	overdose of the actor or another person].
321	321	SECTION 2.05. Section 481.117(g), Health and Safety Code,
322	322	is amended to read as follows:
323	323	(g) The defense to prosecution provided by Subsection (f) is
324	324	not available if[:
325	325	[(1)] at the time the request for emergency medical
326	326	assistance was made:
327	327	(1) [(A)] a peace officer was in the process of
328	328	arresting the actor or executing a search warrant describing the
329	329	actor or the place from which the request for medical assistance was
330	330	made; or
331	331	(2) [(B)] the actor is committing another offense,
332	332	other than an offense punishable under Section 481.115(b),
333	333	481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or
334	334	481.121(b)(1) or (2), or an offense under Section 481.119(b),
335	335	481.125(a), 483.041(a), or 485.031(a)[;
336	336	[(2) the actor has been previously convicted of or
337	337	placed on deferred adjudication community supervision for an
338	338	offense under this chapter or Chapter 483 or 485;
339	339	[(3) the actor was acquitted in a previous proceeding
340	340	in which the actor successfully established the defense under that
341	341	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
342	342	481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
343	343	483.041(e), or 485.031(c); or
344	344	[(4) at any time during the 18-month period preceding
345	345	the date of the commission of the instant offense, the actor
346	346	requested emergency medical assistance in response to the possible
347	347	overdose of the actor or another person].
348	348	SECTION 2.06. Section 481.118(g), Health and Safety Code,
349	349	is amended to read as follows:
350	350	(g) The defense to prosecution provided by Subsection (f) is
351	351	not available if[:
352	352	[(1)] at the time the request for emergency medical
353	353	assistance was made:
354	354	(1) [(A)] a peace officer was in the process of
355	355	arresting the actor or executing a search warrant describing the
356	356	actor or the place from which the request for medical assistance was
357	357	made; or
358	358	(2) [(B)] the actor is committing another offense,
359	359	other than an offense punishable under Section 481.115(b),
360	360	481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or
361	361	481.121(b)(1) or (2), or an offense under Section 481.119(b),
362	362	481.125(a), 483.041(a), or 485.031(a)[;
363	363	[(2) the actor has been previously convicted of or
364	364	placed on deferred adjudication community supervision for an
365	365	offense under this chapter or Chapter 483 or 485;
366	366	[(3) the actor was acquitted in a previous proceeding
367	367	in which the actor successfully established the defense under that
368	368	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
369	369	481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g),
370	370	483.041(e), or 485.031(c); or
371	371	[(4) at any time during the 18-month period preceding
372	372	the date of the commission of the instant offense, the actor
373	373	requested emergency medical assistance in response to the possible
374	374	overdose of the actor or another person].
375	375	SECTION 2.07. Section 481.119(d), Health and Safety Code,
376	376	is amended to read as follows:
377	377	(d) The defense to prosecution provided by Subsection (c) is
378	378	not available if[:
379	379	[(1)] at the time the request for emergency medical
380	380	assistance was made:
381	381	(1) [(A)] a peace officer was in the process of
382	382	arresting the actor or executing a search warrant describing the
383	383	actor or the place from which the request for medical assistance was
384	384	made; or
385	385	(2) [(B)] the actor is committing another offense,
386	386	other than an offense punishable under Section 481.115(b),
387	387	481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
388	388	481.118(b), or 481.121(b)(1) or (2), or an offense under Section
389	389	481.125(a), 483.041(a), or 485.031(a)[;
390	390	[(2) the actor has been previously convicted of or
391	391	placed on deferred adjudication community supervision for an
392	392	offense under this chapter or Chapter 483 or 485;
393	393	[(3) the actor was acquitted in a previous proceeding
394	394	in which the actor successfully established the defense under that
395	395	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
396	396	481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g),
397	397	483.041(e), or 485.031(c); or
398	398	[(4) at any time during the 18-month period preceding
399	399	the date of the commission of the instant offense, the actor
400	400	requested emergency medical assistance in response to the possible
401	401	overdose of the actor or another person].
402	402	SECTION 2.08. Section 481.121(d), Health and Safety Code,
403	403	is amended to read as follows:
404	404	(d) The defense to prosecution provided by Subsection (c) is
405	405	not available if[:
406	406	[(1)] at the time the request for emergency medical
407	407	assistance was made:
408	408	(1) [(A)] a peace officer was in the process of
409	409	arresting the actor or executing a search warrant describing the
410	410	actor or the place from which the request for medical assistance was
411	411	made; or
412	412	(2) [(B)] the actor is committing another offense,
413	413	other than an offense punishable under Section 481.115(b),
414	414	481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or
415	415	481.118(b), or an offense under Section 481.119(b), 481.125(a),
416	416	483.041(a), or 485.031(a)[;
417	417	[(2) the actor has been previously convicted of or
418	418	placed on deferred adjudication community supervision for an
419	419	offense under this chapter or Chapter 483 or 485;
420	420	[(3) the actor was acquitted in a previous proceeding
421	421	in which the actor successfully established the defense under that
422	422	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
423	423	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.125(g),
424	424	483.041(e), or 485.031(c); or
425	425	[(4) at any time during the 18-month period preceding
426	426	the date of the commission of the instant offense, the actor
427	427	requested emergency medical assistance in response to the possible
428	428	overdose of the actor or another person].
429	429	SECTION 2.09. Section 481.125(h), Health and Safety Code,
430	430	is amended to read as follows:
431	431	(h) The defense to prosecution provided by Subsection (g) is
432	432	not available if[:
433	433	[(1)] at the time the request for emergency medical
434	434	assistance was made:
435	435	(1) [(A)] a peace officer was in the process of
436	436	arresting the actor or executing a search warrant describing the
437	437	actor or the place from which the request for medical assistance was
438	438	made; or
439	439	(2) [(B)] the actor is committing another offense,
440	440	other than an offense punishable under Section 481.115(b),
441	441	481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
442	442	481.118(b), or 481.121(b)(1) or (2), or an offense under Section
443	443	481.119(b), 483.041(a), or 485.031(a)[;
444	444	[(2) the actor has been previously convicted of or
445	445	placed on deferred adjudication community supervision for an
446	446	offense under this chapter or Chapter 483 or 485;
447	447	[(3) the actor was acquitted in a previous proceeding
448	448	in which the actor successfully established the defense under that
449	449	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
450	450	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
451	451	483.041(e), or 485.031(c); or
452	452	[(4) at any time during the 18-month period preceding
453	453	the date of the commission of the instant offense, the actor
454	454	requested emergency medical assistance in response to the possible
455	455	overdose of the actor or another person].
456	456	SECTION 2.10. Section 483.041(f), Health and Safety Code,
457	457	is amended to read as follows:
458	458	(f) The defense to prosecution provided by Subsection (e) is
459	459	not available if[:
460	460	[(1)] at the time the request for emergency medical
461	461	assistance was made:
462	462	(1) [(A)] a peace officer was in the process of
463	463	arresting the actor or executing a search warrant describing the
464	464	actor or the place from which the request for medical assistance was
465	465	made; or
466	466	(2) [(B)] the actor is committing another offense,
467	467	other than an offense punishable under Section 481.115(b),
468	468	481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
469	469	481.118(b), or 481.121(b)(1) or (2), or an offense under Section
470	470	481.119(b), 481.125(a), or 485.031(a)[;
471	471	[(2) the actor has been previously convicted of or
472	472	placed on deferred adjudication community supervision for an
473	473	offense under this chapter or Chapter 481 or 485;
474	474	[(3) the actor was acquitted in a previous proceeding
475	475	in which the actor successfully established the defense under that
476	476	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
477	477	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
478	478	481.125(g), or 485.031(c); or
479	479	[(4) at any time during the 18-month period preceding
480	480	the date of the commission of the instant offense, the actor
481	481	requested emergency medical assistance in response to the possible
482	482	overdose of the actor or another person].
483	483	SECTION 2.11. Section 485.031(d), Health and Safety Code,
484	484	is amended to read as follows:
485	485	(d) The defense to prosecution provided by Subsection (c) is
486	486	not available if[:
487	487	[(1)] at the time the request for emergency medical
488	488	assistance was made:
489	489	(1) [(A)] a peace officer was in the process of
490	490	arresting the actor or executing a search warrant describing the
491	491	actor or the place from which the request for medical assistance was
492	492	made; or
493	493	(2) [(B)] the actor is committing another offense,
494	494	other than an offense punishable under Section 481.115(b),
495	495	481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
496	496	481.118(b), or 481.121(b)(1) or (2), or an offense under Section
497	497	481.119(b), 481.125(a), or 483.041(a)[;
498	498	[(2) the actor has been previously convicted of or
499	499	placed on deferred adjudication community supervision for an
500	500	offense under this chapter or Chapter 481 or 483;
501	501	[(3) the actor was acquitted in a previous proceeding
502	502	in which the actor successfully established the defense under that
503	503	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
504	504	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
505	505	481.125(g), or 483.041(e); or
506	506	[(4) at any time during the 18-month period preceding
507	507	the date of the commission of the instant offense, the actor
508	508	requested emergency medical assistance in response to the possible
509	509	overdose of the actor or another person].
510	510	ARTICLE 3. STUDY ON FENTANYL
511	511	SECTION 3.01. (a) The Department of Public Safety, in
512	512	consultation with the Health and Human Services Commission, shall
513	513	conduct a study regarding the use of the Internet, including
514	514	retail, payment, and social media platforms, for the purpose of
515	515	distributing fentanyl, alpha-methylfentanyl, any other derivative
516	516	of fentanyl, synthetic opiates, and counterfeit prescription
517	517	drugs. The study must:
518	518	(1) examine the prevalence of the availability and
519	519	accessibility of fentanyl, alpha-methylfentanyl, any other
520	520	derivative of fentanyl, synthetic opiates, and counterfeit
521	521	prescription drugs through the Internet;
522	522	(2) identify Internet website policies and practices
523	523	intended to prevent the use of a website for distributing fentanyl,
524	524	alpha-methylfentanyl, any other derivative of fentanyl, synthetic
525	525	opiates, and counterfeit prescription drugs;
526	526	(3) identify laws implemented by other states or the
527	527	federal government intended to prevent the use of the Internet for
528	528	distributing fentanyl, alpha-methylfentanyl, any other derivative
529	529	of fentanyl, synthetic opiates, and counterfeit prescription
530	530	drugs; and
531	531	(4) examine any other relevant data, information, or
532	532	resource concerning the use of the Internet for distributing
533	533	fentanyl, alpha-methylfentanyl, any other derivative of fentanyl,
534	534	synthetic opiates, and counterfeit prescription drugs.
535	535	(b) Not later than September 1, 2024, the Department of
536	536	Public Safety shall report the results of the study conducted under
537	537	Subsection (a) of this section to the governor, the lieutenant
538	538	governor, the speaker of the house of representatives, and the
539	539	standing committees of the senate and the house of representatives
540	540	that have jurisdiction over drug trafficking and health care
541	541	issues. The report must include recommendations for legislation:
542	542	(1) to prevent the use of the Internet for
543	543	distributing fentanyl, alpha-methylfentanyl, any other derivative
544	544	of fentanyl, synthetic opiates, and counterfeit prescription
545	545	drugs;
546	546	(2) imposing criminal and civil liability for the use
547	547	of the Internet for distributing fentanyl, alpha-methylfentanyl,
548	548	any other derivative of fentanyl, synthetic opiates, and
549	549	counterfeit prescription drugs;
550	550	(3) creating consumer reporting mechanisms for
551	551	reporting to law enforcement the use of an Internet website or
552	552	online account for distributing fentanyl, alpha-methylfentanyl,
553	553	any other derivative of fentanyl, synthetic opiates, and
554	554	counterfeit prescription drugs; and
555	555	(4) implementing any other public policy changes
556	556	necessary to reduce or eliminate the use of the Internet for
557	557	distributing fentanyl, alpha-methylfentanyl, any other derivative
558	558	of fentanyl, synthetic opiates, and counterfeit prescription
559	559	drugs.
560	560	(c) This section expires January 1, 2025.
561	561	ARTICLE 4. TRANSITIONS; EFFECTIVE DATE
562	562	SECTION 4.01. (a) Not later than September 1, 2024, the
563	563	Department of State Health Services shall develop the overdose
564	564	mapping and response system as required by Section 490.051, Health
565	565	and Safety Code, as added by this Act.
566	566	(b) Not later than September 1, 2024, the Department of
567	567	State Health Services shall develop the overdose spike response
568	568	plans as required by Section 490.053, Health and Safety Code, as
569	569	added by this Act.
570	570	(c) Not later than September 1, 2024, the Department of
571	571	State Health Services shall develop and implement the Fentanyl
572	572	Addiction and Overdose Prevention and Education Campaign as
573	573	required by Section 490.101, Health and Safety Code, as added by
574	574	this Act.
575	575	(d) Not later than September 1, 2024, the executive
576	576	commissioner of the Health and Human Services Commission shall
577	577	appoint the members to the Substance Abuse Prevention Collaborative
578	578	as required by Section 490.102, Health and Safety Code, as added by
579	579	this Act.
580	580	(e) Not later than September 1, 2024, the Department of
581	581	State Health Services shall develop and implement the state
582	582	overdose prevention grant program as required by Section 490.103,
583	583	Health and Safety Code, as added by this Act.
584	584	SECTION 4.02. The changes in law made by this Act to
585	585	Chapters 481, 483, and 485, Health and Safety Code, apply only to an
586	586	offense committed on or after the effective date of this Act. An
587	587	offense committed before the effective date of this Act is governed
588	588	by the law in effect on the date the offense was committed, and the
589	589	former law is continued in effect for that purpose. For purposes of
590	590	this section, an offense was committed before the effective date of
591	591	this Act if any element of the offense occurred before that date.
592	592	SECTION 4.03. This Act takes effect September 1, 2023.