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.