By: McClendon, Naishtat, Zerwas, Coleman, H.B. No. 65
      et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to disease control pilot programs to reduce the risk of
  certain 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 and treatment for
  addiction. Working 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, such as
  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-of 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 OR COMMUNICABLE DISEASES. The commission may
  provide guidance to the counties and the hospital districts in
  those counties that establish [the local health authority of Bexar
  County in establishing] a pilot program under Subchapter J, 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 J to read as follows:
  SUBCHAPTER J. PILOT PROGRAMS TO REDUCE RISK OF CERTAIN
  COMMUNICABLE DISEASES
         Sec. 81.401.  APPLICABILITY OF SUBCHAPTER.  This subchapter
  applies only to Bexar, Dallas, El Paso, Harris, Nueces, Travis, and
  Webb Counties and hospital districts in those counties.
         Sec. 81.402.  DISEASE CONTROL PILOT PROGRAMS. (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 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. 81.403.  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. 81.404.  HANDLING OF NEEDLES AND SYRINGES. (a)  An
  organization operating a disease control pilot program 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. 81.405.  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 81.402(a).
         Sec. 81.406.  EXPIRATION.  This subchapter expires September
  1, 2025.
         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 J, 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 J, 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 J, Chapter
  81, and uses, possesses, or delivers a hypodermic needle or syringe
  as part of the program.
         SECTION 5.  (a)  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. 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.
         (b)  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.
         SECTION 6.  This Act takes effect September 1, 2015.