Bill Text: TX HB3538 | 2019-2020 | 86th Legislature | Introduced

---

Bill Title: Relating to the establishment of the Opioid and Substance Abuse Advisory Council.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-05-01 - Comm. report sent to Local & Consent Calendar [HB3538 Detail]

Download: Texas-2019-HB3538-Introduced.html

---

86R9135 JSC-F
By: Rose H.B. No. 3538

A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Opioid and Substance Abuse
Advisory Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 112 to read as follows:
CHAPTER 112. OPIOID AND SUBSTANCE ABUSE ADVISORY COUNCIL
Sec. 112.001. DEFINITIONS. In this chapter:
(1) "Advisory council" means the Opioid and Substance
Abuse Advisory Council established under this chapter.
(2) "Commission" means the Health and Human Services
Commission.
Sec. 112.002. ESTABLISHMENT; PURPOSE. The commission shall
establish the Opioid and Substance Abuse Advisory Council to study
and make recommendations to address opioid and substance abuse in
this state.
Sec. 112.003. MEMBERS. (a) The advisory council is
composed of members appointed by the governor with the advice and
consent of the senate.
(b) The advisory council must include:
(1) a medical examiner;
(2) a pharmacist licensed in this state;
(3) a social worker who focuses on the issue of
substance abuse;
(4) a member of a publicly funded addiction treatment
program;
(5) a member of a privately funded addiction treatment
program;
(6) a physician specializing in addiction treatment;
(7) an emergency room physician;
(8) a psychologist specializing in addiction
treatment;
(9) a licensed counselor specializing in alcohol and
drug abuse cases;
(10) a forensic pathologist;
(11) two chief executive officers from two different
health care systems;
(12) a representative of a private health insurance
company;
(13) a representative from the Medicaid managed care
program;
(14) a member of an advocacy group focusing on
substance abuse prevention, treatment, and recovery;
(15) a first responder who is emergency medical
services personnel;
(16) a juvenile court judge;
(17) a district court judge;
(18) an employee of the Department of Public Safety
with duties related to criminal investigations involving
controlled substances or other drugs;
(19) an employee of the Texas Board of Pharmacy with
duties related to the prescription monitoring program;
(20) a member of the Texas Juvenile Justice
Department;
(21) a member of the Texas Department of Criminal
Justice;
(22) a member from the Texas A&M University Health
Science Center Opioid Task Force;
(23) a member of the Texas Medical Association who
serves on the American Medical Association Opioid Task Force; and
(24) a law enforcement official from an area
designated as a High Intensity Drug Trafficking Area by the United
States Drug Enforcement Administration.
Sec. 112.004. TERMS; VACANCY. (a) Advisory council members
serve staggered four-year terms with half the members' terms
expiring February 1 of each odd-numbered year.
(b) A member may serve more than one term.
(c) If a vacancy occurs on the advisory council, a person
shall be appointed to fill the vacancy for the unexpired term.
Sec. 112.005. OFFICERS; SUBCOMMITTEES. (a) Advisory
council members shall:
(1) elect a chair and a vice chair; and
(2) establish the duties of the chair and the vice
chair.
(b) The chair may appoint subcommittees.
Sec. 112.006. MEETINGS. The advisory council shall meet at
least four times each year.
Sec. 112.007. COMPENSATION AND REIMBURSEMENT. A member of
the advisory council may not receive compensation for service on
the advisory council but is entitled to reimbursement of the travel
expenses incurred by the member while conducting the business of
the advisory council, as provided by the General Appropriations
Act.
Sec. 112.008. DUTIES. The advisory council shall:
(1) serve as a central location for opioid and
substance abuse information;
(2) maintain and provide the latest statistics and
information concerning research on opioid and substance abuse;
(3) develop or recommend best practices for opioid and
substance abuse prevention and treatment, relevant training, and
psychological and substance abuse treatments; and
(4) make policy recommendations related to opioid and
substance abuse prevention and treatment.
Sec. 112.009. REPORT. (a) Not later than January 1 of each
odd-numbered year, the advisory council shall provide a report to
the governor, the lieutenant governor, the legislature, and the
commission.
(b) The report must include any findings and
recommendations made by the advisory council regarding:
(1) the advisory council's functions;
(2) strategic planning initiatives; and
(3) recommendations for proposed legislation.
SECTION 2. (a) Not later than December 1, 2019, the
governor shall appoint the Opioid and Substance Abuse Advisory
Council members as required by Chapter 112, Health and Safety Code,
as added by this Act.
(b) In making the initial appointments, the governor shall
designate half the members to a term expiring February 1, 2021, and
half the members to a term expiring February 1, 2023.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.