Texas 2025 - 89th Regular

Texas House Bill HB5521 Compare Versions

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

Old	New	Differences
1	1	89R9085 LRM-D
2	2	By: Vasut H.B. No. 5521
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the possession and administration of an opioid
10	10	antagonist by certain entities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 773, Health and Safety
13	13	Code, is amended by adding Section 773.018 to read as follows:
14	14	Sec. 773.018. POSSESSION AND ADMINISTRATION OF OPIOID
15	15	ANTAGONIST. (a) In this section, "live music venue" means a
16	16	business with a space for live music and a primary revenue source of
17	17	patron attendance to live music performances. The term includes a
18	18	concert hall and indoor or outdoor stadium.
19	19	(b) This section applies to:
20	20	(1) an amusement park, as defined by Section 46.03,
21	21	Penal Code;
22	22	(2) a live music venue;
23	23	(3) a sports venue, as defined by Section 504.151,
24	24	Local Government Code; and
25	25	(4) subject to Subsection (c), other entities the
26	26	executive commissioner by rule designates as an entity that
27	27	benefits from the possession and administration of opioid
28	28	antagonists.
29	29	(c) This section does not apply to a governmental entity.
30	30	(d) An entity subject to this section may adopt a policy
31	31	regarding the maintenance, administration, and disposal of opioid
32	32	antagonists. The policy must authorize the administration of an
33	33	opioid antagonist for a person reasonably believed to be
34	34	experiencing an opioid overdose on the entity's premises only by an
35	35	entity employee or volunteer who is authorized and trained to
36	36	administer the opioid antagonist.
37	37	(e) The executive commissioner shall adopt rules regarding
38	38	an entity's maintenance, administration, and disposal of opioid
39	39	antagonists under this section. The rules must establish:
40	40	(1) the number and dosages of the opioid antagonists
41	41	available at each entity;
42	42	(2) the process for each entity to regularly verify
43	43	its inventory of opioid antagonists for replacement of expired
44	44	opioid antagonists; and
45	45	(3) the training required for an entity employee or
46	46	volunteer to administer an opioid antagonist.
47	47	(f) Each entity that adopts a policy under Subsection (d)
48	48	must have at least one entity employee or volunteer authorized and
49	49	trained to administer an opioid antagonist present during all hours
50	50	the entity is open to the public or the population the entity
51	51	serves, as applicable.
52	52	(g) The entity's supply of opioid antagonists must:
53	53	(1) be stored in a secure location and in accordance
54	54	with the manufacturer's instructions; and
55	55	(2) be easily accessible to an entity employee or
56	56	volunteer who is authorized and trained to administer an opioid
57	57	antagonist.
58	58	(h) Each entity that adopts a policy under Subsection (d) is
59	59	responsible for training the entity's employees and volunteers in
60	60	the administration of an opioid antagonist. The training must:
61	61	(1) include information on:
62	62	(A) the signs and symptoms of an opioid overdose;
63	63	(B) the recommended opioid antagonist dosages
64	64	for an adult and a child;
65	65	(C) the administration of an opioid antagonist;
66	66	(D) the implementation of any necessary
67	67	emergency procedures after administration of an opioid antagonist;
68	68	and
69	69	(E) the proper disposal of a used or expired
70	70	opioid antagonist; and
71	71	(2) be completed annually in a formal training session
72	72	or through online education.
73	73	(i) Each entity shall maintain records on the training
74	74	completed by each entity employee and volunteer under this section.
75	75	(j) An entity, entity employee or volunteer, or other person
76	76	who in good faith acts or fails to act as authorized under this
77	77	section, including by administering an opioid antagonist as
78	78	authorized in a policy adopted under this section, is immune from
79	79	civil or criminal liability or disciplinary action resulting from
80	80	that act or failure to act, including:
81	81	(1) supervising or delegating the administration of an
82	82	opioid antagonist;
83	83	(2) possessing, maintaining, storing, or disposing of
84	84	an opioid antagonist;
85	85	(3) administering, or assisting in the administration
86	86	of, an opioid antagonist;
87	87	(4) providing training, consultation, or advice in the
88	88	development, adoption, or implementation of policies, guidelines,
89	89	or plans; or
90	90	(5) any other act authorized or required under this
91	91	section.
92	92	(k) The immunities and protections provided by this section
93	93	are in addition to other immunities or limitations of liability
94	94	provided by law.
95	95	(l) Notwithstanding any other law, this section does not
96	96	create a civil, criminal, or administrative cause of action or
97	97	liability or create a standard of care, obligation, or duty that
98	98	provides a basis for a cause of action for an act or omission under
99	99	this section. A cause of action does not arise from an act or
100	100	omission described by this section.
101	101	(m) An act or failure to act by an entity employee or
102	102	volunteer under this section, including an act or failure to act
103	103	under related entity policies and procedures, is the exercise of
104	104	judgment or discretion on the part of the entity employee or
105	105	volunteer and is not considered to be a ministerial act for purposes
106	106	of liability of the entity.
107	107	SECTION 2. This Act takes effect September 1, 2025.