By Maxey                                              H.B. No. 2393
         76R5342 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to authorizing harm reduction programs to reduce the risk
 1-3     of HIV infection, AIDS, hepatitis B, and hepatitis C.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 85, Health and Safety Code, is amended by
 1-6     adding Subchapter H to read as follows:
 1-7          SUBCHAPTER H.  HARM REDUCTION PROGRAMS TO REDUCE THE RISK
 1-8                     OF HIV, AIDS, AND HEPATITIS B AND C
 1-9           Sec. 85.161.  HARM REDUCTION PROGRAMS.  (a)  A local health
1-10     authority or other organization with the approval of the local
1-11     governmental entity may establish a harm reduction program.
1-12           (b)  A program authorized by this subchapter must:
1-13                 (1)  be incorporated into existing AIDS, hepatitis B,
1-14     and hepatitis C prevention and outreach programs;
1-15                 (2)  provide free and anonymous exchange of used
1-16     needles and syringes for an equal number of new needles and
1-17     syringes;
1-18                 (3)  offer education on the transmission and prevention
1-19     of HIV, hepatitis B, and hepatitis C;
1-20                 (4)  assist program participants in obtaining drug
1-21     treatment services and other health-related services; and
1-22                 (5)  provide materials to promote safe health-related
1-23     practices, including use of bleach and sterile cotton.
1-24           (c)  A program authorized by this subchapter may offer
 2-1     referrals or services for other health-related issues, including
 2-2     sexually transmitted diseases, tuberculosis testing, and general
 2-3     health care.
 2-4           Sec. 85.162.  DISTRIBUTION OF NEEDLES AND SYRINGES TO
 2-5     PROGRAM.  A person licensed as a wholesale drug distributor or
 2-6     wholesale medical device distributor under Chapter 431 may
 2-7     distribute needles and syringes to a harm reduction program
 2-8     authorized by this subchapter.
 2-9           Sec. 85.163.  HANDLING OF NEEDLES AND SYRINGES.  (a)  The
2-10     operator of a harm reduction program shall store needles and
2-11     syringes in a proper and safe manner.  Only authorized employees or
2-12     volunteers of the harm reduction program may have access to the
2-13     needles and syringes.  Program clients may obtain needles and
2-14     syringes only from an authorized employee or volunteer.
2-15           (b)  The operator of a harm reduction program shall store and
2-16     dispose of used needles and syringes in accordance with board rule.
2-17           SECTION 2.  Section 481.125, Health and Safety Code, is
2-18     amended by adding Subsection (g) to read as follows:
2-19           (g)  It is an exception to the application of Subsections (a)
2-20     and (b) that the person uses, possesses,  delivers, or manufactures
2-21     needles or syringes that are delivered or are to be delivered
2-22     through a harm reduction program established under Subchapter H,
2-23     Chapter 85.
2-24           SECTION 3.  (a)  The purpose of this Act is to authorize harm
2-25     reduction programs to combat the spread of infectious and
2-26     communicable diseases, including HIV, AIDS, hepatitis B, and
2-27     hepatitis C.
 3-1           (b)  The legislature declares that it is in the public
 3-2     interest to break the deadly connection between the use of drugs by
 3-3     injection and HIV infection, AIDS, hepatitis B, and hepatitis C by
 3-4     allowing legal access to clean needles and syringes in a
 3-5     comprehensive effort to reduce the spread of HIV infection, AIDS,
 3-6     hepatitis B, and hepatitis C.
 3-7           SECTION 4.  The Texas Department of Health shall enter into a
 3-8     memorandum of understanding with each community-based organization
 3-9     providing a harm reduction program to provide information to the
3-10     department on the effectiveness of the program.  The Texas
3-11     Department of Health shall submit a report to the legislature
3-12     evaluating the effectiveness of Subchapter H, Chapter 85, Health
3-13     and Safety Code, as added by this Act, not later than January 31,
3-14     2003.  A local health authority or other organization conducting a
3-15     harm reduction program under that subchapter shall assist the
3-16     department in preparing the report.  This section expires July 1,
3-17     2003.
3-18           SECTION 5.  (a)  This Act takes effect September 1, 1999.
3-19           (b)  The change to Section 481.125, Health and Safety Code,
3-20     made by this Act applies only to an offense committed on or after
3-21     the effective date of this Act.  For purposes of this section, an
3-22     offense is committed before the effective date of this Act if any
3-23     element of the offense occurs before the effective date.
3-24           SECTION 6.  The importance of this legislation and the
3-25     crowded condition of the calendars in both houses create an
3-26     emergency and an imperative public necessity that the
3-27     constitutional rule requiring bills to be read on three several
 4-1     days in each house be suspended, and this rule is hereby suspended.