BILL ANALYSIS


                                                     C.S.S.B. 799
                                                         By: Luna
                                        Health and Human Services
                                                           4-5-95
                                   Committee Report (Substituted)
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, C.S.S.B. 799 authorizes the establishment of harm
reduction programs to reduce the risk of transmission of HIV
infection and acquired immune deficiency syndrome.

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 Chapter 85, Health and Safety Code, by adding
Subchapter H, as follows:

              SUBCHAPTER H.  HARM REDUCTION PROGRAMS

     Sec. 85.161.  FINDINGS; PURPOSE.  (a) Declares that the
     purpose of this subchapter is to establish HIV infection and
     AIDS harm reduction programs to combat the spread of
     infectious and communicable diseases.
     
     (b) Sets forth the findings of the legislature concerning
       HIV infection and AIDS.
       
       Sec. 85.162.  LEGISLATIVE DECLARATION.  Provides that the
     legislature declares that it is in the public interest to
     break the deadly connection between HIV infection and AIDS and
     drug use by allowing legal access to clean needles and
     syringes in a comprehensive effort to reduce the spread of HIV
     infection and AIDS.
     
     Sec. 85.163.  HARM REDUCTION PROGRAMS.  (a) Authorizes a local
     health agency, with approval of the local governing entity, to
     establish a harm reduction program.
     
     (b) Requires a program authorized by this subchapter to be
       incorporated into existing AIDS prevention and outreach
       projects, provide for free and anonymous exchange of needles
       and syringes and provide an equal exchange of used needles
       and syringes for those returned by program participants,
       offer education on transmission and prevention of HIV
       infection, assist program participants in obtaining drug
       treatment services, and provide materials such as bleach or
       sterile cotton to promote safe health practices.
       
       (c) Authorizes a program authorized by this subchapter to
       offer referrals or services for other health-related issues.
       
     Sec. 85.164.  REPORT.  Requires a local health agency or a
     person conducting a harm reduction program to submit a report
     evaluating the effectiveness of the program to the Texas
     Department of Health.
     
     Sec. 85.165.  EFFECT OF OTHER LAW.  Provides that Sections
     481.125(a) and (b) do not apply to a person or organization
     conducting a harm reduction program or a person receiving
     needles or syringes from a harm reduction program.
     
     Sec. 85.166.  DISTRIBUTION OF NEEDLES AND SYRINGES TO PROGRAM. 
     Authorizes a person licensed as a wholesale drug distributor
     to distribute needles and syringes to a harm reduction
     program.
     
     Sec. 85.167.  HANDLING OF NEEDLES AND SYRINGES.  (a) Requires
     a harm reduction program to store needles and syringes so that
     they are available only to authorized personnel.
     
     (b) Requires used needles and syringes awaiting destruction
       to be securely safeguarded until destroyed.
       
       (c) Requires used needles and syringes to be destroyed so
       that they are unrecoverable.
       
       SECTION 2.   Effective date: September 1, 1995.

SECTION 3. Emergency clause.