88R9872 CJD-D
By: Huffman S.B. No. 1319
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of certain overdose information and the
mapping of overdoses for public safety purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.042, Health and Safety Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(b-1) to read as follows:
(a) A physician who attends or treats, or who is requested
to attend or treat, an overdose of a controlled substance listed in
a penalty group under Subchapter D, Chapter 481 [Penalty Group 1
under Section 481.102 or a controlled substance listed in Penalty
Group 1-B under Section 481.1022], or the administrator,
superintendent, or other person in charge of a hospital,
sanitorium, or other institution in which an overdose of a
controlled substance listed in a penalty group under Subchapter D,
Chapter 481, [Penalty Group 1 under Section 481.102 or a controlled
substance listed in Penalty Group 1-B under Section 481.1022] is
attended or treated or in which the attention or treatment is
requested, shall report the case at once to:
(1) the department; and
(2) the law enforcement authority of the municipality
or county in which the physician practices or in which the hospital,
sanitorium, or other institution is located.
(b) A physician or other person who reports an overdose of a
controlled substance under this section shall include in the report
information regarding:
(1) the date and time of the overdose;
(2) the approximate location of the overdose, using:
(A) an address;
(B) the latitude and longitude of the location;
or
(C) the location data from a cellular device;
(3) [,] the type of controlled substance or substances
suspected to have been used;
(4) [,] the sex and approximate age of the person
attended or treated for the overdose or for whom treatment was
sought;
(5) [,] the symptoms associated with the overdose;
(6) [,] the extent of treatment made necessary by the
overdose;
(7) whether an opioid antagonist, as defined by
Section 483.101, was administered;[,] and
(8) the patient outcome.
(b-1) The physician or other person making the report
described by Subsection (b) may provide other demographic
information concerning the person attended or treated or for whom
treatment was sought but may not disclose the person's name [or
address] or any other information concerning the person's identity.
The physician or other person making the report may not disclose the
person's address unless the person's address is the approximate
location of the overdose.
SECTION 2. Subchapter E, Chapter 161, Health and Safety
Code, is amended by adding Section 161.045 to read as follows:
Sec. 161.045. USE OF CONTROLLED SUBSTANCE INFORMATION BY
LAW ENFORCEMENT. (a) A law enforcement authority may use
information received from a report under Section 161.042 only for
mapping overdose locations for public safety purposes.
(b) Information described by Subsection (a) is confidential
and not subject to disclosure under Chapter 552, Government Code.
SECTION 3. The heading to Chapter 370, Local Government
Code, is amended to read as follows:
CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
COUNTY] HEALTH AND PUBLIC SAFETY
SECTION 4. Chapter 370, Local Government Code, is amended
by adding Section 370.007 to read as follows:
Sec. 370.007. PARTICIPATION AGREEMENT FOR OVERDOSE
MAPPING. A political subdivision of the state may enter into a
participation agreement with a private entity that maintains a
computerized system for mapping overdoses for public safety
purposes.
SECTION 5. Subchapter E, Chapter 161, Health and Safety
Code, as amended by this Act, applies only to a report made in
response to an overdose that occurs on or after January 1, 2024.
SECTION 6. This Act takes effect September 1, 2023.