S.B. No. 1319
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. Subchapter E, Chapter 161, Health and Safety
Code, is amended by adding Section 161.045 to read as follows:
Sec. 161.045. MANDATORY REPORTING OF CONTROLLED SUBSTANCE
OVERDOSES FOR PUBLIC SAFETY MAPPING. (a) In this section:
(1) "Controlled substance" has the meaning assigned by
Section 481.002.
(2) "Emergency medical services personnel" has the
meaning assigned by Section 773.003.
(3) "Opioid antagonist" has the meaning assigned by
Section 483.101.
(4) "Overdose" means an acute condition caused by
abuse or misuse of a controlled substance evidenced by symptoms
such as extreme physical illness, decreased level of consciousness,
respiratory depression, coma, or death.
(b) This section applies only to emergency medical services
personnel operating within the geographical jurisdiction of a local
health authority or law enforcement agency, as applicable, that has
entered into a participation agreement for overdose mapping under
Section 370.007, Local Government Code.
(c) A person to whom this section applies who responds to an
overdose incident shall report information about the incident as
soon as possible to the local health authority or law enforcement
agency, as applicable, that has entered into the participation
agreement under Section 370.007, Local Government Code. A person
satisfies the requirements of this section by reporting information
to either the appropriate local health authority or law enforcement
agency.
(d) A report under this section must include, if possible:
(1) the date and time of the overdose incident;
(2) the approximate location of the overdose incident,
using:
(A) an address;
(B) the latitude and longitude of the location;
or
(C) the location data from a cellular device;
(3) whether an opioid antagonist was administered, and
if so, the number of doses and the type of delivery; and
(4) whether the overdose was fatal or nonfatal.
(e) A person who reports information about an overdose
incident under this section in good faith is not subject to civil or
criminal liability for making the report.
(f) A law enforcement agency may use information received
from a report under this section only for mapping overdose
locations for public safety purposes.
(g) Information in a report described by this section is
confidential and not subject to disclosure under Chapter 552,
Government Code.
SECTION 2. 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) A local health authority or law enforcement agency
shall enter into a participation agreement with an entity that
maintains a computerized system for mapping overdoses of one or
more controlled substances for public safety purposes.
(b) A local health authority or law enforcement agency shall
provide information received under Section 161.045, Health and
Safety Code, to the entity with which the authority or agency has a
participation agreement under Subsection (a) for purposes of
entering the information into the computerized system. The local
health authority or law enforcement agency is not required to
provide information received under Section 161.045, Health and
Safety Code, regarding a controlled substance to the entity with
which the authority or agency has a participation agreement if the
entity does not maintain an overdose map that includes the
controlled substance.
(c) A local health authority or law enforcement agency or an
employee of a local health authority or law enforcement agency is
not subject to civil or criminal liability for providing
information received under Section 161.045, Health and Safety Code,
to an entity pursuant to a participation agreement under this
section.
(d) Information provided to an entity pursuant to a
participation agreement under this section is confidential and not
subject to disclosure under Chapter 552, Government Code.
(e) This section does not waive sovereign immunity to suit
or liability.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1319 passed the Senate on
March 15, 2023, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1319 passed the House on
May 11, 2023, by the following vote: Yeas 126, Nays 12,
one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor