BILL ANALYSIS


                                                         S.B. 660
                                                         By: Luna
                                        Health and Human Services
                                                           4-6-95
                                     Committee Report (Unamended)
BACKGROUND

Texas ranks fourth in the nation in the number of AIDS cases.  One
method of transmitting this disease is through the sharing of HIV
infected needles and syringes.  In Texas 26 percent of the reported
AIDS cases in 1993 were due to injecting drug use.  For each
infection that is prevented, $119,000 is saved in health care
costs.  The cost, therefore, to treat the estimated 73,000 Texas
that are currently HIV positive will be $8,687,000,000.

In July 1991, the National Commission on AIDS recommended that
legal barriers to the purchase and possession of injection
equipment should be removed because while not reducing illicit drug
injection, legal barriers limit the availability of new, clean
injection equipment.  In December 1994, the Texas HIV/AIDS
Interagency Coordinating Council's annual report to the legislature
and governor recommended changing current law to provide for the
establishment of needle exchange programs.  Studies of an existing
needle exchange program in Connecticut have shown a 33 percent
reduction in new HIV infections and decreased sharing of injection
equipment.

PURPOSE

As proposed, S.B. 660 provides that a hypodermic syringe or needle
is not considered drug paraphernalia.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 481.002(17), Health and Safety Code, to
redefine "drug paraphernalia," to provide that the term does not
include a hypodermic syringe or needle.

SECTION 2. Prohibits an offense under Section 481.125, Health and
Safety Code, related to hypodermic syringes, needles, or other
objects used in parenterally injecting a controlled substance into
the human body, from being prosecuted after the effective date of
this Act.  Provides that a criminal action pending on the effective
date of this Act is dismissed on that date.  Provides that a final
conviction for an offense that exists on the effective date of this
Act is unaffected by this Act.

SECTION 3. Effective date: September 1, 1995.

SECTION 4. Emergency clause.