Bill Text: TX HB4173 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to state overdose prevention and control efforts and the defense to prosecution for certain offenses involving possession of small amounts of controlled substances, marihuana, dangerous drugs, or abusable volatile chemicals, or possession of drug paraphernalia for defendants seeking assistance for a suspected overdose.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-17 - Left pending in committee [HB4173 Detail]
Download: Texas-2023-HB4173-Introduced.html
| 88R10867 CJD-F | ||
| By: Klick | H.B. No. 4173 | |
|
|
||
|
|
||
| relating to state overdose prevention and control efforts and the | ||
| defense to prosecution for certain offenses involving possession of | ||
| small amounts of controlled substances, marihuana, dangerous | ||
| drugs, or abusable volatile chemicals, or possession of drug | ||
| paraphernalia for defendants seeking assistance for a suspected | ||
| overdose. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| ARTICLE 1. OVERDOSE PREVENTION AND CONTROL | ||
| SECTION 1.01. Subtitle C, Title 6, Health and Safety Code, | ||
| is amended by adding Chapter 490 to read as follows: | ||
| CHAPTER 490. OVERDOSE PREVENTION AND CONTROL | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 490.001. DEFINITIONS. In this subchapter: | ||
| (1) "Application programming interface" means a set of | ||
| tools, definitions, and protocols for building and integrating | ||
| application software and service with different software programs. | ||
| (2) "Controlled substance" has the meaning assigned by | ||
| Section 481.002. | ||
| (3) "Department" means the Department of State Health | ||
| Services. | ||
| (4) "Executive commissioner" means the executive | ||
| commissioner of the Health and Human Services Commission. | ||
| (5) "Information technology platform" means the | ||
| Overdose Detection Mapping Application Program or a similar system | ||
| that tracks overdose information for public safety purposes. | ||
| (6) "Opioid antagonist" has the meaning assigned by | ||
| Section 483.101. | ||
| SUBCHAPTER B. DATA COLLECTION AND REPORTING | ||
| Sec. 490.051. OVERDOSE MAPPING. (a) The department shall | ||
| develop an overdose mapping and response system in which a central | ||
| repository containing information about overdose incidents is | ||
| established and maintained using the information technology | ||
| platform. | ||
| (b) The department shall design the overdose mapping and | ||
| response system to avoid data entry duplication wherever possible. | ||
| The system may include one or more application programming | ||
| interfaces to transfer information about overdose incidents that | ||
| are reported to active databases in this state to the information | ||
| technology platform. | ||
| Sec. 490.052. OVERDOSE REPORTING. (a) A law enforcement | ||
| officer who responds to an overdose incident shall report | ||
| information about the incident to the information technology | ||
| platform as soon as possible but not later than 24 hours after the | ||
| incident. | ||
| (b) A person who administers emergency services and | ||
| responds to an overdose incident or transports a person | ||
| experiencing a confirmed or suspected overdose to a medical | ||
| facility shall report information about the incident to the | ||
| information technology platform as soon as possible but not later | ||
| than 24 hours after the incident. | ||
| (c) When a coroner, medical examiner, or other individual | ||
| responsible for determining the cause of death determines that the | ||
| death of a person was caused by an overdose, the coroner, medical | ||
| examiner, or other individual shall report information about the | ||
| overdose incident to the information technology platform, or give | ||
| the information to a person authorized to report it, as soon as | ||
| possible but not later than 24 hours after the determination of the | ||
| cause of death. | ||
| (d) A report under this section must include: | ||
| (1) the date and time of the overdose incident; | ||
| (2) the approximate location of the overdose incident; | ||
| (3) whether an opioid antagonist was administered, and | ||
| if so, the number of doses and the type of delivery; | ||
| (4) whether the overdose was fatal or nonfatal; | ||
| (5) the sex and approximate age of the person | ||
| suffering the overdose incident; and | ||
| (6) the suspected substance involved. | ||
| (e) A person who reports information about an overdose | ||
| incident under this subchapter in good faith is not subject to civil | ||
| or criminal liability for making the report unless the act | ||
| constitutes wilful or wanton negligence. | ||
| Sec. 490.053. OVERDOSE SPIKE RESPONSE PLANS. (a) The | ||
| department shall: | ||
| (1) identify parameters for identifying an overdose | ||
| spike throughout the state; and | ||
| (2) create overdose spike response plans that | ||
| coordinate the response of public health, public safety, and | ||
| emergency management agencies and officials, first responders, | ||
| community organizations, health care providers, and the media with | ||
| the goal of preventing and reducing the harm caused by overdose | ||
| spikes. | ||
| (b) In developing overdose spike response plans, the | ||
| department may: | ||
| (1) establish public safety, public health, and | ||
| behavioral health partnerships within the state; | ||
| (2) assist local communities in identifying | ||
| additional ways to use information about overdose incidents to | ||
| deploy public health, behavioral health, and public safety | ||
| responses to address specific geographic areas or high-risk | ||
| populations; | ||
| (3) assist in the distribution of opioid antagonists | ||
| throughout the state; and | ||
| (4) assist in implementing strategies to reduce drug | ||
| supply and demand, especially in high-risk areas and where there | ||
| are high volumes of high-risk populations. | ||
| Sec. 490.054. REPORT BY DEPARTMENT. Not later than | ||
| September 1 of each year, the department shall submit an annual | ||
| report to the legislature regarding the overdose mapping and | ||
| response system under this subchapter. The report must include: | ||
| (1) the number of overdose incidents reported and the | ||
| approximate locations where the overdose incidents occurred, | ||
| including any clusters of overdose incidents; | ||
| (2) the entities or individuals reporting information | ||
| about overdose incidents; | ||
| (3) the percentage of overdose incidents involving | ||
| fatal overdoses; and | ||
| (4) the manner in which the reported information about | ||
| overdose incidents was used for public health, behavioral health, | ||
| and public safety responses, the outcomes of those responses, and | ||
| the impact on affected communities. | ||
| Sec. 490.055. LIMITATIONS ON DATA USE. (a) Information | ||
| about overdose incidents reported to the overdose mapping and | ||
| response system by a person other than a law enforcement officer may | ||
| not be used for a criminal investigation or prosecution of any | ||
| person. | ||
| (b) Information about overdose incidents reported to, and | ||
| accessible through, the overdose mapping and response system is | ||
| confidential and is not subject to disclosure under Chapter 552, | ||
| Government Code. | ||
| SUBCHAPTER C. STATEWIDE OVERDOSE PREVENTION AND EDUCATION | ||
| Sec. 490.101. FENTANYL ADDICTION AND OVERDOSE PREVENTION | ||
| AND EDUCATION CAMPAIGN. (a) The department shall develop, | ||
| implement, and maintain an ongoing statewide prevention and | ||
| education campaign to address the fentanyl education needs in this | ||
| state. | ||
| (b) The campaign must include: | ||
| (1) information for the general public about fentanyl; | ||
| (2) precautionary measures to avoid risks and prevent | ||
| harm caused by fentanyl; | ||
| (3) resources for addiction treatment and services; | ||
| and | ||
| (4) information on laws regarding the manufacture, | ||
| delivery, possession, and use of fentanyl, including criminal | ||
| penalties and immunities for reporting an overdose. | ||
| (c) The department may use television advertisements, radio | ||
| broadcasts, print media, or any other media or digital strategies | ||
| necessary and appropriate to reach the target audience of the | ||
| campaign. | ||
| (c-1) The department shall provide at least five regional | ||
| training sessions during the first year of operation of the | ||
| campaign for community partners to implement youth health | ||
| development strategies. This subsection expires December 1, 2025. | ||
| (d) The department shall develop, implement, and maintain | ||
| an Internet website to serve as the state resource for the most | ||
| accurate and timely information regarding fentanyl. The website | ||
| must include the information described by Subsection (b). | ||
| Sec. 490.102. STATEWIDE SUBSTANCE ABUSE PREVENTION | ||
| COLLABORATIVE. (a) The department shall establish a Substance | ||
| Abuse Prevention Collaborative, composed of the number and | ||
| composition of members as determined by the executive commissioner | ||
| to be appropriate. The executive commissioner shall appoint members | ||
| from: | ||
| (1) institutions of higher education; | ||
| (2) nonprofit agencies; | ||
| (3) state agencies; and | ||
| (4) other stakeholders as determined by the executive | ||
| commissioner. | ||
| (b) The Substance Abuse Prevention Collaborative shall: | ||
| (1) gather feedback from stakeholders concerning | ||
| evidence-based overdose prevention practices; | ||
| (2) work with prevention specialists to provide and | ||
| support training to strengthen the state's prevention workforce; | ||
| (3) coordinate with and assist state agencies and | ||
| communities to strengthen prevention infrastructure; | ||
| (4) implement a statewide strategic plan for | ||
| prevention of substance use disorders; | ||
| (5) advance the use of tested and effective prevention | ||
| programs and practices through education, outreach, advocacy, and | ||
| technical assistance; | ||
| (6) direct efforts to raise public awareness of the | ||
| cost savings of prevention measures; | ||
| (7) provide direct training and technical assistance | ||
| to communities regarding the selection, implementation, and | ||
| sustainment of tested and effective prevention programs; | ||
| (8) provide recommendations to state agencies and | ||
| communities regarding innovative prevention programs and | ||
| practices; | ||
| (9) support funding efforts to align funding and | ||
| services and communicate with communities about funding | ||
| strategies; | ||
| (10) work with key state and community stakeholders to | ||
| establish minimum standards for prevention programs; and | ||
| (11) not later than September 1 of each year, submit an | ||
| annual report to the legislature of the collaborative's progress. | ||
| Sec. 490.103. STATE OVERDOSE PREVENTION GRANT PROGRAM. (a) | ||
| The department shall develop and implement a grant program to | ||
| prevent overdose deaths and reduce health risks associated with | ||
| substance abuse. | ||
| (b) To be eligible to receive a grant, an entity must be: | ||
| (1) a nonprofit organization that is in good standing | ||
| and registered with the Internal Revenue Service and the secretary | ||
| of state's office; | ||
| (2) a federally qualified health center or rural | ||
| health clinic, as defined by 42 U.S.C. Section 1396d(l); or | ||
| (3) a law enforcement agency. | ||
| (c) An eligible entity may submit an application on behalf | ||
| of a group of eligible entities, and apportion grant money | ||
| accordingly, to foster community collaboration and collective | ||
| impact. | ||
| (d) The department shall: | ||
| (1) develop additional eligibility criteria for grant | ||
| funding; | ||
| (2) review applications for funding; and | ||
| (3) award funding based on the developed criteria. | ||
| ARTICLE 2. DEFENSES TO CERTAIN CONTROLLED SUBSTANCE POSSESSION | ||
| OFFENSES | ||
| SECTION 2.01. Section 481.115(h), Health and Safety Code, | ||
| is amended to read as follows: | ||
| (h) The defense to prosecution provided by Subsection (g) is | ||
| not available if[ |
||
| [ |
||
| assistance was made: | ||
| (1) [ |
||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (2) [ |
||
| other than an offense punishable under Section 481.1151(b)(1), | ||
| 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or | ||
| 481.121(b)(1) or (2), or an offense under Section 481.119(b), | ||
| 481.125(a), 483.041(a), or 485.031(a)[ |
||
| [ |
||
| [ |
||
| [ |
||
| SECTION 2.02. Section 481.1151(d), Health and Safety Code, | ||
| is amended to read as follows: | ||
| (d) The defense to prosecution provided by Subsection (c) is | ||
| not available if[ |
||
| [ |
||
| assistance was made: | ||
| (1) [ |
||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (2) [ |
||
| other than an offense punishable under Section 481.115(b), | ||
| 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or | ||
| 481.121(b)(1) or (2), or an offense under Section 481.119(b), | ||
| 481.125(a), 483.041(a), or 485.031(a)[ |
||
| [ |
||
| [ |
||
| [ |
||
| SECTION 2.03. Section 481.116(g), Health and Safety Code, | ||
| is amended to read as follows: | ||
| (g) The defense to prosecution provided by Subsection (f) is | ||
| not available if[ |
||
| [ |
||
| assistance was made: | ||
| (1) [ |
||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (2) [ |
||
| other than an offense punishable under Section 481.115(b), | ||
| 481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or | ||
| 481.121(b)(1) or (2), or an offense under Section 481.119(b), | ||
| 481.125(a), 483.041(a), or 485.031(a)[ |
||
| [ |
||
| [ |
||
| [ |
||
| SECTION 2.04. Section 481.1161(d), Health and Safety Code, | ||
| is amended to read as follows: | ||
| (d) The defense to prosecution provided by Subsection (c) is | ||
| not available if[ |
||
| [ |
||
| assistance was made: | ||
| (1) [ |
||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (2) [ |
||
| other than an offense punishable under Section 481.115(b), | ||
| 481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or | ||
| 481.121(b)(1) or (2), or an offense under Section 481.119(b), | ||
| 481.125(a), 483.041(a), or 485.031(a)[ |
||
| [ |
||
| [ |
||
| [ |
||
| SECTION 2.05. Section 481.117(g), Health and Safety Code, | ||
| is amended to read as follows: | ||
| (g) The defense to prosecution provided by Subsection (f) is | ||
| not available if[ |
||
| [ |
||
| assistance was made: | ||
| (1) [ |
||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (2) [ |
||
| other than an offense punishable under Section 481.115(b), | ||
| 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or | ||
| 481.121(b)(1) or (2), or an offense under Section 481.119(b), | ||
| 481.125(a), 483.041(a), or 485.031(a)[ |
||
| [ |
||
| [ |
||
| [ |
||
| SECTION 2.06. Section 481.118(g), Health and Safety Code, | ||
| is amended to read as follows: | ||
| (g) The defense to prosecution provided by Subsection (f) is | ||
| not available if[ |
||
| [ |
||
| assistance was made: | ||
| (1) [ |
||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (2) [ |
||
| other than an offense punishable under Section 481.115(b), | ||
| 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or | ||
| 481.121(b)(1) or (2), or an offense under Section 481.119(b), | ||
| 481.125(a), 483.041(a), or 485.031(a)[ |
||
| [ |
||
| [ |
||
| [ |
||
| SECTION 2.07. Section 481.119(d), Health and Safety Code, | ||
| is amended to read as follows: | ||
| (d) The defense to prosecution provided by Subsection (c) is | ||
| not available if[ |
||
| [ |
||
| assistance was made: | ||
| (1) [ |
||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (2) [ |
||
| other than an offense punishable under Section 481.115(b), | ||
| 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), | ||
| 481.118(b), or 481.121(b)(1) or (2), or an offense under Section | ||
| 481.125(a), 483.041(a), or 485.031(a)[ |
||
| [ |
||
| [ |
||
| [ |
||
| SECTION 2.08. Section 481.121(d), Health and Safety Code, | ||
| is amended to read as follows: | ||
| (d) The defense to prosecution provided by Subsection (c) is | ||
| not available if[ |
||
| [ |
||
| assistance was made: | ||
| (1) [ |
||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (2) [ |
||
| other than an offense punishable under Section 481.115(b), | ||
| 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or | ||
| 481.118(b), or an offense under Section 481.119(b), 481.125(a), | ||
| 483.041(a), or 485.031(a)[ |
||
| [ |
||
| [ |
||
| [ |
||
| SECTION 2.09. Section 481.125(h), Health and Safety Code, | ||
| is amended to read as follows: | ||
| (h) The defense to prosecution provided by Subsection (g) is | ||
| not available if[ |
||
| [ |
||
| assistance was made: | ||
| (1) [ |
||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (2) [ |
||
| other than an offense punishable under Section 481.115(b), | ||
| 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), | ||
| 481.118(b), or 481.121(b)(1) or (2), or an offense under Section | ||
| 481.119(b), 483.041(a), or 485.031(a)[ |
||
| [ |
||
| [ |
||
| [ |
||
| SECTION 2.10. Section 483.041(f), Health and Safety Code, | ||
| is amended to read as follows: | ||
| (f) The defense to prosecution provided by Subsection (e) is | ||
| not available if[ |
||
| [ |
||
| assistance was made: | ||
| (1) [ |
||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (2) [ |
||
| other than an offense punishable under Section 481.115(b), | ||
| 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), | ||
| 481.118(b), or 481.121(b)(1) or (2), or an offense under Section | ||
| 481.119(b), 481.125(a), or 485.031(a)[ |
||
| [ |
||
| [ |
||
| [ |
||
| SECTION 2.11. Section 485.031(d), Health and Safety Code, | ||
| is amended to read as follows: | ||
| (d) The defense to prosecution provided by Subsection (c) is | ||
| not available if[ |
||
| [ |
||
| assistance was made: | ||
| (1) [ |
||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (2) [ |
||
| other than an offense punishable under Section 481.115(b), | ||
| 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), | ||
| 481.118(b), or 481.121(b)(1) or (2), or an offense under Section | ||
| 481.119(b), 481.125(a), or 483.041(a)[ |
||
| [ |
||
| [ |
||
| [ |
||
| ARTICLE 3. STUDY ON FENTANYL | ||
| SECTION 3.01. (a) The Department of Public Safety, in | ||
| consultation with the Health and Human Services Commission, shall | ||
| conduct a study regarding the use of the Internet, including | ||
| retail, payment, and social media platforms, for the purpose of | ||
| distributing fentanyl, alpha-methylfentanyl, any other derivative | ||
| of fentanyl, synthetic opiates, and counterfeit prescription | ||
| drugs. The study must: | ||
| (1) examine the prevalence of the availability and | ||
| accessibility of fentanyl, alpha-methylfentanyl, any other | ||
| derivative of fentanyl, synthetic opiates, and counterfeit | ||
| prescription drugs through the Internet; | ||
| (2) identify Internet website policies and practices | ||
| intended to prevent the use of a website for distributing fentanyl, | ||
| alpha-methylfentanyl, any other derivative of fentanyl, synthetic | ||
| opiates, and counterfeit prescription drugs; | ||
| (3) identify laws implemented by other states or the | ||
| federal government intended to prevent the use of the Internet for | ||
| distributing fentanyl, alpha-methylfentanyl, any other derivative | ||
| of fentanyl, synthetic opiates, and counterfeit prescription | ||
| drugs; and | ||
| (4) examine any other relevant data, information, or | ||
| resource concerning the use of the Internet for distributing | ||
| fentanyl, alpha-methylfentanyl, any other derivative of fentanyl, | ||
| synthetic opiates, and counterfeit prescription drugs. | ||
| (b) Not later than September 1, 2024, the Department of | ||
| Public Safety shall report the results of the study conducted under | ||
| Subsection (a) of this section to the governor, the lieutenant | ||
| governor, the speaker of the house of representatives, and the | ||
| standing committees of the senate and the house of representatives | ||
| that have jurisdiction over drug trafficking and health care | ||
| issues. The report must include recommendations for legislation: | ||
| (1) to prevent the use of the Internet for | ||
| distributing fentanyl, alpha-methylfentanyl, any other derivative | ||
| of fentanyl, synthetic opiates, and counterfeit prescription | ||
| drugs; | ||
| (2) imposing criminal and civil liability for the use | ||
| of the Internet for distributing fentanyl, alpha-methylfentanyl, | ||
| any other derivative of fentanyl, synthetic opiates, and | ||
| counterfeit prescription drugs; | ||
| (3) creating consumer reporting mechanisms for | ||
| reporting to law enforcement the use of an Internet website or | ||
| online account for distributing fentanyl, alpha-methylfentanyl, | ||
| any other derivative of fentanyl, synthetic opiates, and | ||
| counterfeit prescription drugs; and | ||
| (4) implementing any other public policy changes | ||
| necessary to reduce or eliminate the use of the Internet for | ||
| distributing fentanyl, alpha-methylfentanyl, any other derivative | ||
| of fentanyl, synthetic opiates, and counterfeit prescription | ||
| drugs. | ||
| (c) This section expires January 1, 2025. | ||
| ARTICLE 4. TRANSITIONS; EFFECTIVE DATE | ||
| SECTION 4.01. (a) Not later than September 1, 2024, the | ||
| Department of State Health Services shall develop the overdose | ||
| mapping and response system as required by Section 490.051, Health | ||
| and Safety Code, as added by this Act. | ||
| (b) Not later than September 1, 2024, the Department of | ||
| State Health Services shall develop the overdose spike response | ||
| plans as required by Section 490.053, Health and Safety Code, as | ||
| added by this Act. | ||
| (c) Not later than September 1, 2024, the Department of | ||
| State Health Services shall develop and implement the Fentanyl | ||
| Addiction and Overdose Prevention and Education Campaign as | ||
| required by Section 490.101, Health and Safety Code, as added by | ||
| this Act. | ||
| (d) Not later than September 1, 2024, the executive | ||
| commissioner of the Health and Human Services Commission shall | ||
| appoint the members to the Substance Abuse Prevention Collaborative | ||
| as required by Section 490.102, Health and Safety Code, as added by | ||
| this Act. | ||
| (e) Not later than September 1, 2024, the Department of | ||
| State Health Services shall develop and implement the state | ||
| overdose prevention grant program as required by Section 490.103, | ||
| Health and Safety Code, as added by this Act. | ||
| SECTION 4.02. The changes in law made by this Act to | ||
| Chapters 481, 483, and 485, Health and Safety Code, apply only to an | ||
| offense committed on or after the effective date of this Act. An | ||
| offense committed before the effective date of this Act is governed | ||
| by the law in effect on the date the offense was committed, and the | ||
| former law is continued in effect for that purpose. For purposes of | ||
| this section, an offense was committed before the effective date of | ||
| this Act if any element of the offense occurred before that date. | ||
| SECTION 4.03. This Act takes effect September 1, 2023. | ||
