Texas 2023 - 88th Regular

Texas Senate Bill SB1319 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1319
2	2
3	3
4	4	AN ACT
5	5	relating to the reporting of certain overdose information and the
6	6	mapping of overdoses for public safety purposes.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter E, Chapter 161, Health and Safety
9	9	Code, is amended by adding Section 161.045 to read as follows:
10	10	Sec. 161.045. MANDATORY REPORTING OF CONTROLLED SUBSTANCE
11	11	OVERDOSES FOR PUBLIC SAFETY MAPPING. (a) In this section:
12	12	(1) "Controlled substance" has the meaning assigned by
13	13	Section 481.002.
14	14	(2) "Emergency medical services personnel" has the
15	15	meaning assigned by Section 773.003.
16	16	(3) "Opioid antagonist" has the meaning assigned by
17	17	Section 483.101.
18	18	(4) "Overdose" means an acute condition caused by
19	19	abuse or misuse of a controlled substance evidenced by symptoms
20	20	such as extreme physical illness, decreased level of consciousness,
21	21	respiratory depression, coma, or death.
22	22	(b) This section applies only to emergency medical services
23	23	personnel operating within the geographical jurisdiction of a local
24	24	health authority or law enforcement agency, as applicable, that has
25	25	entered into a participation agreement for overdose mapping under
26	26	Section 370.007, Local Government Code.
27	27	(c) A person to whom this section applies who responds to an
28	28	overdose incident shall report information about the incident as
29	29	soon as possible to the local health authority or law enforcement
30	30	agency, as applicable, that has entered into the participation
31	31	agreement under Section 370.007, Local Government Code. A person
32	32	satisfies the requirements of this section by reporting information
33	33	to either the appropriate local health authority or law enforcement
34	34	agency.
35	35	(d) A report under this section must include, if possible:
36	36	(1) the date and time of the overdose incident;
37	37	(2) the approximate location of the overdose incident,
38	38	using:
39	39	(A) an address;
40	40	(B) the latitude and longitude of the location;
41	41	or
42	42	(C) the location data from a cellular device;
43	43	(3) whether an opioid antagonist was administered, and
44	44	if so, the number of doses and the type of delivery; and
45	45	(4) whether the overdose was fatal or nonfatal.
46	46	(e) A person who reports information about an overdose
47	47	incident under this section in good faith is not subject to civil or
48	48	criminal liability for making the report.
49	49	(f) A law enforcement agency may use information received
50	50	from a report under this section only for mapping overdose
51	51	locations for public safety purposes.
52	52	(g) Information in a report described by this section is
53	53	confidential and not subject to disclosure under Chapter 552,
54	54	Government Code.
55	55	SECTION 2. Chapter 370, Local Government Code, is amended
56	56	by adding Section 370.007 to read as follows:
57	57	Sec. 370.007. PARTICIPATION AGREEMENT FOR OVERDOSE
58	58	MAPPING. (a) A local health authority or law enforcement agency
59	59	shall enter into a participation agreement with an entity that
60	60	maintains a computerized system for mapping overdoses of one or
61	61	more controlled substances for public safety purposes.
62	62	(b) A local health authority or law enforcement agency shall
63	63	provide information received under Section 161.045, Health and
64	64	Safety Code, to the entity with which the authority or agency has a
65	65	participation agreement under Subsection (a) for purposes of
66	66	entering the information into the computerized system. The local
67	67	health authority or law enforcement agency is not required to
68	68	provide information received under Section 161.045, Health and
69	69	Safety Code, regarding a controlled substance to the entity with
70	70	which the authority or agency has a participation agreement if the
71	71	entity does not maintain an overdose map that includes the
72	72	controlled substance.
73	73	(c) A local health authority or law enforcement agency or an
74	74	employee of a local health authority or law enforcement agency is
75	75	not subject to civil or criminal liability for providing
76	76	information received under Section 161.045, Health and Safety Code,
77	77	to an entity pursuant to a participation agreement under this
78	78	section.
79	79	(d) Information provided to an entity pursuant to a
80	80	participation agreement under this section is confidential and not
81	81	subject to disclosure under Chapter 552, Government Code.
82	82	(e) This section does not waive sovereign immunity to suit
83	83	or liability.
84	84	SECTION 3. This Act takes effect September 1, 2023.
85	85	______________________________ ______________________________
86	86	President of the Senate Speaker of the House
87	87	I hereby certify that S.B. No. 1319 passed the Senate on
88	88	March 15, 2023, by the following vote: Yeas 30, Nays 0.
89	89	______________________________
90	90	Secretary of the Senate
91	91	I hereby certify that S.B. No. 1319 passed the House on
92	92	May 11, 2023, by the following vote: Yeas 126, Nays 12,
93	93	one present not voting.
94	94	______________________________
95	95	Chief Clerk of the House
96	96	Approved:
97	97	______________________________
98	98	Date
99	99	______________________________
100	100	Governor