| |
| |
| |
|
|
AN ACT
|
|
|
relating to the reporting of certain overdose information and the |
|
|
mapping of overdoses for public safety purposes. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter E, Chapter 161, Health and Safety |
|
|
Code, is amended by adding Section 161.045 to read as follows: |
|
|
Sec. 161.045. MANDATORY REPORTING OF CONTROLLED SUBSTANCE |
|
|
OVERDOSES FOR PUBLIC SAFETY MAPPING. (a) In this section: |
|
|
(1) "Controlled substance" has the meaning assigned by |
|
|
Section 481.002. |
|
|
(2) "Emergency medical services personnel" has the |
|
|
meaning assigned by Section 773.003. |
|
|
(3) "Opioid antagonist" has the meaning assigned by |
|
|
Section 483.101. |
|
|
(4) "Overdose" means an acute condition caused by |
|
|
abuse or misuse of a controlled substance evidenced by symptoms |
|
|
such as extreme physical illness, decreased level of consciousness, |
|
|
respiratory depression, coma, or death. |
|
|
(b) This section applies only to emergency medical services |
|
|
personnel operating within the geographical jurisdiction of a local |
|
|
health authority or law enforcement agency, as applicable, that has |
|
|
entered into a participation agreement for overdose mapping under |
|
|
Section 370.007, Local Government Code. |
|
|
(c) A person to whom this section applies who responds to an |
|
|
overdose incident shall report information about the incident as |
|
|
soon as possible to the local health authority or law enforcement |
|
|
agency, as applicable, that has entered into the participation |
|
|
agreement under Section 370.007, Local Government Code. A person |
|
|
satisfies the requirements of this section by reporting information |
|
|
to either the appropriate local health authority or law enforcement |
|
|
agency. |
|
|
(d) A report under this section must include, if possible: |
|
|
(1) the date and time of the overdose incident; |
|
|
(2) the approximate location of the overdose incident, |
|
|
using: |
|
|
(A) an address; |
|
|
(B) the latitude and longitude of the location; |
|
|
or |
|
|
(C) the location data from a cellular device; |
|
|
(3) whether an opioid antagonist was administered, and |
|
|
if so, the number of doses and the type of delivery; and |
|
|
(4) whether the overdose was fatal or nonfatal. |
|
|
(e) A person who reports information about an overdose |
|
|
incident under this section in good faith is not subject to civil or |
|
|
criminal liability for making the report. |
|
|
(f) A law enforcement agency may use information received |
|
|
from a report under this section only for mapping overdose |
|
|
locations for public safety purposes. |
|
|
(g) Information in a report described by this section is |
|
|
confidential and not subject to disclosure under Chapter 552, |
|
|
Government Code. |
|
|
SECTION 2. Chapter 370, Local Government Code, is amended |
|
|
by adding Section 370.007 to read as follows: |
|
|
Sec. 370.007. PARTICIPATION AGREEMENT FOR OVERDOSE |
|
|
MAPPING. (a) A local health authority or law enforcement agency |
|
|
shall enter into a participation agreement with an entity that |
|
|
maintains a computerized system for mapping overdoses of one or |
|
|
more controlled substances for public safety purposes. |
|
|
(b) A local health authority or law enforcement agency shall |
|
|
provide information received under Section 161.045, Health and |
|
|
Safety Code, to the entity with which the authority or agency has a |
|
|
participation agreement under Subsection (a) for purposes of |
|
|
entering the information into the computerized system. The local |
|
|
health authority or law enforcement agency is not required to |
|
|
provide information received under Section 161.045, Health and |
|
|
Safety Code, regarding a controlled substance to the entity with |
|
|
which the authority or agency has a participation agreement if the |
|
|
entity does not maintain an overdose map that includes the |
|
|
controlled substance. |
|
|
(c) A local health authority or law enforcement agency or an |
|
|
employee of a local health authority or law enforcement agency is |
|
|
not subject to civil or criminal liability for providing |
|
|
information received under Section 161.045, Health and Safety Code, |
|
|
to an entity pursuant to a participation agreement under this |
|
|
section. |
|
|
(d) Information provided to an entity pursuant to a |
|
|
participation agreement under this section is confidential and not |
|
|
subject to disclosure under Chapter 552, Government Code. |
|
|
(e) This section does not waive sovereign immunity to suit |
|
|
or liability. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1319 passed the Senate on |
|
|
March 15, 2023, by the following vote: Yeas 30, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1319 passed the House on |
|
|
May 11, 2023, by the following vote: Yeas 126, Nays 12, |
|
|
one present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |