85R13195 KKR-F     By: Rose H.B. No. 3256       A BILL TO BE ENTITLED   AN ACT   relating to the establishment by certain counties and hospital   districts of disease control pilot programs to reduce the risk of   certain infectious and communicable diseases; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The legislature finds that because drug abuse   has been a tragedy for many Texas families, it is imperative that   individuals addicted to drugs receive education about and treatment   for addiction. Cooperation with community-based and faith-based   organizations creates a network of support for Texas families and   the opportunity to intervene in drug addiction.  Members of   community-based and faith-based organizations have a strong desire   to compassionately work to preserve lives and offer help to those   stricken with disease and drug addiction.          Allowing for the operation of disease control pilot programs   will reduce the transmission of bloodborne diseases, including   HIV/AIDS, hepatitis B, and hepatitis C, and provide clients with   referrals to appropriate health and social services. A pilot   program created under this Act may provide necessary access to   primary health care, ensure safe and sterile disposal of used   syringes and needles, and protect the public health. In addition,   pilot program goals may include reduced rates of intravenous drug   use and a reduced number of injuries to innocent victims, first   responders, and law enforcement caused by needle sticks from   improperly disposed needles. Additionally, it is the intent of the   legislature that the pilot program will increase access to drug   treatment centers, increase the likelihood of successful   treatments for addiction, and protect the public health and safety.          SECTION 2.  Section 531.0972, Government Code, is amended to   read as follows:          Sec. 531.0972.  PILOT PROGRAM TO PREVENT [THE] SPREAD OF   CERTAIN INFECTIOUS AND [OR] COMMUNICABLE DISEASES. The commission   may provide guidance to the counties and hospital districts in   those counties that establish [local health authority of Bexar   County in establishing] a pilot program under Subchapter K, Chapter   81, Health and Safety Code, [funded by the county] to prevent the   spread of HIV, hepatitis B, hepatitis C, and other infectious and   communicable diseases.  The program may include a disease control   program that provides for the anonymous exchange of used hypodermic   needles and syringes.          SECTION 3.  Chapter 81, Health and Safety Code, is amended by   adding Subchapter K to read as follows:   SUBCHAPTER K. PILOT PROGRAM TO REDUCE RISK OF CERTAIN COMMUNICABLE   DISEASES          Sec. 81.501.  APPLICABILITY OF SUBCHAPTER.  This subchapter   applies only to Bexar, Dallas, Harris, and Travis Counties and   hospital districts in those counties.          Sec. 81.502.  DISEASE CONTROL PILOT PROGRAM. (a)  A county   or hospital district may authorize an organization to establish a   disease control pilot program under this subchapter to prevent the   spread of HIV, hepatitis B, hepatitis C, and other infectious and   communicable diseases.  The pilot program may include disease   control outreach programs that:                (1)  provide for the anonymous exchange of used   hypodermic needles and syringes for an equal number of new   hypodermic needles and syringes;                (2)  offer education on the transmission and prevention   of infectious and communicable diseases, including HIV, hepatitis   B, and hepatitis C; and                (3)  assist program participants in obtaining health   care and other physical and mental health-related services,   including substance abuse treatment services and bloodborne   disease testing.          (b)  As part of the pilot program under Subsection (a), a   county or hospital district by order or similar measure may   authorize an organization to register with the county or hospital   district to distribute hypodermic needles and syringes for the   purpose of controlling the spread of certain bloodborne   communicable diseases.  The county or hospital district may charge   a reasonable fee for registration under this subchapter to pay for   oversight functions, including coordination with law enforcement   personnel.          (c)  An organization operating a disease control pilot   program authorized by this subchapter may charge a participant in   the program a fee for each hypodermic needle or syringe used in the   program not to exceed 150 percent of the actual cost of the   hypodermic needle or syringe.          (d)  An organization operating a disease control pilot   program authorized by this subchapter shall annually provide the   department and the county or hospital district authorizing the   program with information on:                (1)  the effectiveness of the program;                (2)  the program's impact on reducing the spread of   communicable diseases, including HIV, hepatitis B, and hepatitis C;   and                (3)  the program's effect on injected drug use in the   area served by the county or hospital district.          Sec. 81.503.  DISTRIBUTION OF NEEDLES AND SYRINGES TO PILOT   PROGRAM. A person licensed as a wholesale drug distributor or   device distributor under Chapter 431 may distribute hypodermic   needles and syringes to a disease control pilot program authorized   by this subchapter.          Sec. 81.504.  HANDLING OF NEEDLES AND SYRINGES. (a)  An   organization operating a disease control pilot program authorized   by this subchapter shall store hypodermic needles and syringes in a   proper and secure manner. Only authorized employees or volunteers   of the program may have access to the hypodermic needles and   syringes.  The hypodermic needles and syringes may be included in   packaged safe kits made available to program clients through the   program.  Program clients may obtain hypodermic needles and   syringes and safe kits only from an authorized employee or   volunteer of the program.          (b)  An organization operating a disease control pilot   program authorized by this subchapter shall store and dispose of   used hypodermic needles and syringes in accordance with applicable   state laws and administrative rules governing the safe and proper   disposal of medical waste.          Sec. 81.505.  FUNDING.  Except to the extent specifically   prohibited by law, an organization may solicit or accept gifts,   grants, or donations to fund a disease control pilot program under   Section 81.502(a).          Sec. 81.506.  EXPIRATION.  This subchapter expires September   1, 2027.          SECTION 4.  Section 481.125, Health and Safety Code, is   amended by adding Subsections (g), (h), and (i) to read as follows:          (g)  Subsections (a) and (b) do not apply to a person who   dispenses or delivers a hypodermic needle or syringe for a medical   purpose.  For the purposes of this subsection, "medical purpose"   includes the exchange of a hypodermic needle or syringe for a used   hypodermic needle or syringe in a disease control pilot program   described by Subchapter K, Chapter 81.          (h)  Subsections (a) and (b) do not apply to a person who   manufactures hypodermic needles or syringes for delivery to a   disease control pilot program described by Subchapter K, Chapter   81.          (i)  Subsections (a) and (b) do not apply to a person who is   an employee, volunteer, duly authorized agent, or participant of a   disease control pilot program described by Subchapter K, Chapter   81, and uses, possesses, or delivers a hypodermic needle or syringe   as part of the program.          SECTION 5.  The change to Section 481.125, Health and Safety   Code, made by this Act applies 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 when   the offense was committed, and the former law is continued in effect   for that purpose.  For purposes of this section, an offense is   committed before the effective date of this Act if any element of   the offense occurs before the effective date.          SECTION 6.  This Act takes effect September 1, 2017.