| 1 | 1 | | By: Huffman S.B. No. 1901 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the administration of the Texas Opioid Abatement Fund |
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| 9 | 9 | | Council and Texas Opioid Abatement Trust Fund. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 403.503, Government Code, is amended by |
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| 12 | 12 | | adding Subsection (d-1) to read as follows: |
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| 13 | 13 | | (d-1) The voting members of the council serve for staggered |
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| 14 | 14 | | terms of six years, with the terms of four or five members, as |
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| 15 | 15 | | applicable, expiring on February 1 of each odd-numbered year. |
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| 16 | 16 | | SECTION 2. Subchapter R, Chapter 403, Government Code, is |
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| 17 | 17 | | amended by adding Section 403.5041 to read as follows: |
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| 18 | 18 | | Sec. 403.5041. CONFLICT OF INTEREST. (a) A council member |
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| 19 | 19 | | shall recuse himself or herself from participating in the review, |
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| 20 | 20 | | discussion, deliberation, or vote on an application for an award |
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| 21 | 21 | | under this subchapter if the council member knows that the council |
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| 22 | 22 | | member or a person who is related to the council member within the |
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| 23 | 23 | | first degree of affinity or consanguinity has a professional or |
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| 24 | 24 | | financial interest in an entity that is directly receiving or |
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| 25 | 25 | | applying to receive money from the council. |
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| 26 | 26 | | (b) The council by rule may adopt additional conflict of |
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| 27 | 27 | | interest standards to implement this section or to comply with |
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| 28 | 28 | | Subchapter C, Chapter 572, Government Code. |
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| 29 | 29 | | SECTION 3. Section 403.506, Government Code, is amended by |
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| 30 | 30 | | adding Subsection (d-1) to read as follows: |
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| 31 | 31 | | (d-1) The trust company may reallocate for the purposes |
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| 32 | 32 | | described by Subsection (c)(2)(B) money that was distributed or |
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| 33 | 33 | | should have been distributed under Subsection (c)(1) if a county or |
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| 34 | 34 | | municipality: |
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| 35 | 35 | | (1) does not deposit the money before the second |
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| 36 | 36 | | anniversary of the date on which the money was distributed; or |
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| 37 | 37 | | (2) submits in writing to the trust company a document |
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| 38 | 38 | | indicating that the municipality or county affirmatively forfeits |
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| 39 | 39 | | or refuses to accept the money. |
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| 40 | 40 | | SECTION 4. Section 403.509(c), Government Code, is |
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| 41 | 41 | | repealed. |
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| 42 | 42 | | SECTION 5. At the first meeting of the Texas Opioid |
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| 43 | 43 | | Abatement Fund Council that is held on or after the effective date |
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| 44 | 44 | | of this Act, the voting members of the council shall draw lots to |
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| 45 | 45 | | determine which four members will serve a term expiring February 1, |
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| 46 | 46 | | 2027, which four members will serve a term expiring February 1, |
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| 47 | 47 | | 2029, and which five members will serve a term expiring February 1, |
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| 48 | 48 | | 2031. |
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| 49 | 49 | | SECTION 6. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2025. |
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