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79R6748 MCK-F

By:  Coleman                                                      H.B. No. 2005



A BILL TO BE ENTITLED

AN ACT

relating to disease control programs to reduce the risk of certain 
communicable diseases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 81, Health and Safety Code, is amended by 
adding Subchapter J to read as follows:

SUBCHAPTER J.  PROGRAMS TO REDUCE RISK

OF CERTAIN COMMUNICABLE DISEASES
	Sec. 81.401.  DISEASE CONTROL PROGRAMS.  (a)  A local health 
authority or an organization that contracts with a local 
governmental entity may establish a disease control program that:
		(1)  provides for the anonymous exchange of used 
hypodermic needles and syringes for an equal number of new 
hypodermic needles and syringes;
		(2)  offers education, in both English and Spanish, on 
the transmission and prevention of communicable diseases, 
including HIV, hepatitis B, and hepatitis C;
		(3)  assists program participants in obtaining 
health-related services, including tests for HIV and hepatitis C, 
substance abuse treatment, and abscess care; and
		(4)  provides proper medical waste containers and 
information in English and Spanish on the safe disposal of 
syringes, including local disposal locations.
	(b)  A local health authority or other organization 
operating a disease control program authorized by this subchapter 
may charge a participant in the program a fee for each hypodermic 
needle or syringe used in the program not to exceed 150 percent of 
the actual cost of the hypodermic needle or syringe.
	(c)  A local health authority or other organization 
operating a disease control program authorized by this subchapter 
shall annually provide the department with information on the 
effectiveness of the program and its impact on reducing the spread 
of communicable diseases, including HIV, hepatitis B, and hepatitis 
C.
	Sec. 81.402.  DISTRIBUTION OF NEEDLES AND SYRINGES TO 
PROGRAM.  A person licensed as a wholesale drug distributor or 
device distributor under Chapter 431 may distribute hypodermic 
needles and syringes to a disease control program authorized by 
this subchapter.
	Sec. 81.403.  HANDLING OF NEEDLES AND SYRINGES.  (a)  The 
operator of a disease control program shall store hypodermic 
needles and syringes in a proper and secure manner.  Only authorized 
employees or volunteers of the disease control program may have 
access to the hypodermic needles and syringes.  Program clients may 
obtain hypodermic needles and syringes only from an authorized 
employee or volunteer.
	(b)  The operator of a disease control program authorized by 
this subchapter shall store and dispose of used hypodermic needles 
and syringes in accordance with board rule.
	SECTION 2.  Section 481.125, Health and Safety Code, is 
amended by adding Subsection (g) to read as follows:
	(g)  It is an exception to the application of Subsections (a) 
and (b) that:
		(1)  the person manufactures hypodermic needles or 
syringes that are delivered or are to be delivered through a disease 
control program established under Subchapter J, Chapter 81; or
		(2)  the person:                                                       
			(A)  uses, possesses, or delivers hypodermic 
needles or syringes that are delivered or are to be delivered 
through a disease control program established under Subchapter J, 
Chapter 81; and
			(B)  presents evidence showing that the person is 
an employee, volunteer, or participant of the disease control 
program.
	SECTION 3.  The purpose of this Act is to authorize disease 
control programs to combat the spread of infectious and 
communicable diseases, including HIV, hepatitis B, and hepatitis C.
	SECTION 4.  (a)  The change to Section 481.125, Health and 
Safety Code, made by this Act applies only to an offense committed 
on or after the effective date of this Act.  For purposes of this 
section, an offense is committed before the effective date of this 
Act if any element of the offense occurs before the effective date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2005.