89R9085 LRM-D
By: Vasut H.B. No. 5521
A BILL TO BE ENTITLED
AN ACT
relating to the possession and administration of an opioid
antagonist by certain entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 773, Health and Safety
Code, is amended by adding Section 773.018 to read as follows:
Sec. 773.018. POSSESSION AND ADMINISTRATION OF OPIOID
ANTAGONIST. (a) In this section, "live music venue" means a
business with a space for live music and a primary revenue source of
patron attendance to live music performances. The term includes a
concert hall and indoor or outdoor stadium.
(b) This section applies to:
(1) an amusement park, as defined by Section 46.03,
Penal Code;
(2) a live music venue;
(3) a sports venue, as defined by Section 504.151,
Local Government Code; and
(4) subject to Subsection (c), other entities the
executive commissioner by rule designates as an entity that
benefits from the possession and administration of opioid
antagonists.
(c) This section does not apply to a governmental entity.
(d) An entity subject to this section may adopt a policy
regarding the maintenance, administration, and disposal of opioid
antagonists. The policy must authorize the administration of an
opioid antagonist for a person reasonably believed to be
experiencing an opioid overdose on the entity's premises only by an
entity employee or volunteer who is authorized and trained to
administer the opioid antagonist.
(e) The executive commissioner shall adopt rules regarding
an entity's maintenance, administration, and disposal of opioid
antagonists under this section. The rules must establish:
(1) the number and dosages of the opioid antagonists
available at each entity;
(2) the process for each entity to regularly verify
its inventory of opioid antagonists for replacement of expired
opioid antagonists; and
(3) the training required for an entity employee or
volunteer to administer an opioid antagonist.
(f) Each entity that adopts a policy under Subsection (d)
must have at least one entity employee or volunteer authorized and
trained to administer an opioid antagonist present during all hours
the entity is open to the public or the population the entity
serves, as applicable.
(g) The entity's supply of opioid antagonists must:
(1) be stored in a secure location and in accordance
with the manufacturer's instructions; and
(2) be easily accessible to an entity employee or
volunteer who is authorized and trained to administer an opioid
antagonist.
(h) Each entity that adopts a policy under Subsection (d) is
responsible for training the entity's employees and volunteers in
the administration of an opioid antagonist. The training must:
(1) include information on:
(A) the signs and symptoms of an opioid overdose;
(B) the recommended opioid antagonist dosages
for an adult and a child;
(C) the administration of an opioid antagonist;
(D) the implementation of any necessary
emergency procedures after administration of an opioid antagonist;
and
(E) the proper disposal of a used or expired
opioid antagonist; and
(2) be completed annually in a formal training session
or through online education.
(i) Each entity shall maintain records on the training
completed by each entity employee and volunteer under this section.
(j) An entity, entity employee or volunteer, or other person
who in good faith acts or fails to act as authorized under this
section, including by administering an opioid antagonist as
authorized in a policy adopted under this section, is immune from
civil or criminal liability or disciplinary action resulting from
that act or failure to act, including:
(1) supervising or delegating the administration of an
opioid antagonist;
(2) possessing, maintaining, storing, or disposing of
an opioid antagonist;
(3) administering, or assisting in the administration
of, an opioid antagonist;
(4) providing training, consultation, or advice in the
development, adoption, or implementation of policies, guidelines,
or plans; or
(5) any other act authorized or required under this
section.
(k) The immunities and protections provided by this section
are in addition to other immunities or limitations of liability
provided by law.
(l) Notwithstanding any other law, this section does not
create a civil, criminal, or administrative cause of action or
liability or create a standard of care, obligation, or duty that
provides a basis for a cause of action for an act or omission under
this section. A cause of action does not arise from an act or
omission described by this section.
(m) An act or failure to act by an entity employee or
volunteer under this section, including an act or failure to act
under related entity policies and procedures, is the exercise of
judgment or discretion on the part of the entity employee or
volunteer and is not considered to be a ministerial act for purposes
of liability of the entity.
SECTION 2. This Act takes effect September 1, 2025.