Texas 2025 - 89th Regular

Texas House Bill HB3174 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R12236 MCF-F
2	2	By: Rose H.B. No. 3174
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to county and hospital district disease control pilot
10	10	programs to reduce the risk of certain infectious and communicable
11	11	diseases; authorizing fees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. (a) The legislature finds drug abuse has been a
14	14	tragedy for many Texas families, and for individuals addicted to
15	15	drugs the receipt of education about and treatment for addiction is
16	16	imperative. Cooperation with community-based and faith-based
17	17	organizations creates a network of support for Texas families and
18	18	the opportunity to intervene in drug addiction. Members of
19	19	community-based and faith-based organizations have a strong desire
20	20	to compassionately preserve lives and help those stricken with
21	21	disease and drug addiction.
22	22	(b) Allowing the operation of disease control pilot
23	23	programs will reduce the transmission of blood-borne diseases,
24	24	including HIV/AIDS, hepatitis B, and hepatitis C, and provide
25	25	program participants with referrals to appropriate health and
26	26	social services. A pilot program established under this Act may
27	27	provide necessary access to primary health care, ensure safe and
28	28	sterile disposal of used syringes and needles, and protect the
29	29	public health. Pilot program goals may include reduced rates of
30	30	intravenous drug use and a reduced number of injuries to innocent
31	31	victims, first responders, and law enforcement caused by needle
32	32	sticks from improperly disposed needles. Additionally, it is the
33	33	intent of the legislature for a pilot program to increase access to
34	34	substance abuse treatment services, increase the likelihood of
35	35	successful treatments for addiction, and protect the public health
36	36	and safety.
37	37	SECTION 2. Section 526.0056, Government Code, as effective
38	38	April 1, 2025, is amended to read as follows:
39	39	Sec. 526.0056. PILOT PROGRAM TO PREVENT SPREAD OF
40	40	INFECTIOUS AND [OR] COMMUNICABLE DISEASES. The commission may
41	41	provide guidance to the counties and hospital districts in those
42	42	counties that establish [local health authority of Bexar County in
43	43	establishing] a disease control pilot program under Subchapter K,
44	44	Chapter 81, Health and Safety Code, [funded by the county] to
45	45	prevent the spread of HIV, hepatitis B, hepatitis C, and other
46	46	infectious and communicable diseases. The program may include a
47	47	disease control outreach program that provides for the anonymous
48	48	exchange of used hypodermic needles and syringes.
49	49	SECTION 3. Chapter 81, Health and Safety Code, is amended by
50	50	adding Subchapter K to read as follows:
51	51	SUBCHAPTER K. PILOT PROGRAM TO REDUCE RISK OF CERTAIN INFECTIOUS
52	52	AND COMMUNICABLE DISEASES
53	53	Sec. 81.501. APPLICABILITY OF SUBCHAPTER. This subchapter
54	54	applies only to Bexar, Dallas, El Paso, Harris, Nueces, Travis, and
55	55	Webb Counties and hospital districts in those counties.
56	56	Sec. 81.502. DISEASE CONTROL PILOT PROGRAM. (a) A county
57	57	or hospital district may establish a disease control pilot program
58	58	under this subchapter to prevent the spread of infectious and
59	59	communicable diseases, including HIV, hepatitis B, and hepatitis C.
60	60	The pilot program may include disease control outreach programs
61	61	that:
62	62	(1) provide for the anonymous exchange of used
63	63	hypodermic needles and syringes for an equal number of new
64	64	hypodermic needles and syringes;
65	65	(2) offer education on the transmission and prevention
66	66	of infectious and communicable diseases, including HIV, hepatitis
67	67	B, and hepatitis C; and
68	68	(3) assist program participants in obtaining health
69	69	care and other physical and mental health-related services,
70	70	including substance abuse treatment services and blood-borne
71	71	disease testing.
72	72	(b) A county or hospital district may register an
73	73	organization to operate the disease control pilot program and
74	74	distribute hypodermic needles and syringes to control the spread of
75	75	certain blood-borne communicable diseases. The county or hospital
76	76	district may charge the organization a registration fee in an
77	77	amount reasonable and necessary to cover the costs of registration
78	78	oversight, including coordination with law enforcement personnel.
79	79	(c) A registered organization may charge a program
80	80	participant a fee for each hypodermic needle or syringe used in the
81	81	program not to exceed 150 percent of the actual cost to the
82	82	organization of the hypodermic needle or syringe.
83	83	(d) A registered organization shall annually provide to the
84	84	department and the county or hospital district with which the
85	85	organization is registered information on:
86	86	(1) the effectiveness of the disease control pilot
87	87	program;
88	88	(2) the program's impact on reducing the spread of
89	89	infectious and communicable diseases, including HIV, hepatitis B,
90	90	and hepatitis C; and
91	91	(3) the program's effect on injected drug use by
92	92	individuals residing within the county or hospital district.
93	93	Sec. 81.503. DISTRIBUTION OF NEEDLES AND SYRINGES TO PILOT
94	94	PROGRAM. A person licensed as a wholesale drug distributor or
95	95	device distributor under Chapter 431 may distribute hypodermic
96	96	needles and syringes to a disease control pilot program authorized
97	97	by this subchapter.
98	98	Sec. 81.504. HANDLING OF NEEDLES AND SYRINGES. An
99	99	organization registered as provided by Section 81.502:
100	100	(1) shall store hypodermic needles and syringes in a
101	101	proper and secure manner and allow only authorized employees or
102	102	volunteers of the organization's disease control pilot program to
103	103	access the hypodermic needles and syringes;
104	104	(2) may include hypodermic needles and syringes in
105	105	packaged safe kits made available to program participants through
106	106	the program;
107	107	(3) may provide hypodermic needles, syringes, and safe
108	108	kits to program participants only through an authorized employee or
109	109	volunteer of the program; and
110	110	(4) shall store and dispose of used hypodermic needles
111	111	and syringes in accordance with applicable state laws and
112	112	administrative rules governing the safe and proper disposal of
113	113	medical waste.
114	114	Sec. 81.505. FUNDING. Except to the extent specifically
115	115	prohibited by law, an organization registered to operate a disease
116	116	control pilot program as provided by Section 81.502 may solicit or
117	117	accept gifts, grants, or donations to fund the program.
118	118	Sec. 81.506. EXPIRATION. This subchapter expires September
119	119	1, 2035.
120	120	SECTION 4. Section 481.125, Health and Safety Code, is
121	121	amended by adding Subsections (j), (k), (l), and (m) to read as
122	122	follows:
123	123	(j) Subsections (a) and (b) do not apply to a person who
124	124	possesses or delivers a hypodermic needle or syringe for a medical
125	125	purpose. For the purposes of this subsection, "medical purpose"
126	126	includes the exchange of a hypodermic needle or syringe for a used
127	127	hypodermic needle or syringe in a disease control pilot program
128	128	described by Subchapter K, Chapter 81.
129	129	(k) Subsections (a) and (b) do not apply to a person who
130	130	possesses or manufactures hypodermic needles or syringes for
131	131	delivery to a disease control pilot program described by Subchapter
132	132	K, Chapter 81.
133	133	(l) Subsections (a) and (b) do not apply to a person who is
134	134	an employee, volunteer, duly authorized agent, or program
135	135	participant of a disease control pilot program described by
136	136	Subchapter K, Chapter 81, and uses, possesses, or delivers a
137	137	hypodermic needle or syringe as part of the program.
138	138	(m) This subsection and Subsections (j), (k), and (l) expire
139	139	September 1, 2035.
140	140	SECTION 5. The change to Section 481.125, Health and Safety
141	141	Code, made by this Act applies only to an offense committed on or
142	142	after the effective date of this Act. An offense committed before
143	143	the effective date of this Act is governed by the law in effect when
144	144	the offense was committed, and the former law is continued in effect
145	145	for that purpose. For purposes of this section, an offense is
146	146	committed before the effective date of this Act if any element of
147	147	the offense occurs before the effective date.
148	148	SECTION 6. This Act takes effect September 1, 2025.