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Amend CSHB 3485 (Senate committee printing) Section 2, 
Chapter 81, Health and Safety Code, by adding Subchapter J to read 
as follows:

Subchapter J. OUTREACH PROGRAMS TO REDUCE RISK OF CERTAIN 
COMMUNICABLE DISEASES
	Sec. 81.401.  This subchapter applies only to a county with a 
population of 300,000 or more.
	Sec. 81.402.  DISEASE CONTROL OUTREACH PROGRAMS. (a) A local 
health authority or an organization that contracts with a county, 
municipality, hospital district, or other local governmental 
entity charged with protecting the public health may establish a 
disease control outreach program that:
		(1)  assists outreach program participants in 
obtaining health care and other physical and mental health-related 
services, including substance abuse treatment services and 
blood-borne disease testing;
		(2)  offers education on the transmission and 
prevention of communicable diseases, including hepatitis C, 
hepatitis B, and HIV; and
		(3)  provides for the anonymous exchange of used 
hypodermic needles and syringes for an equal number of new 
hypodermic needles and syringes.
	(b)  A local health authority or other organization 
operating a disease control outreach program authorized by this 
subchapter may charge a participant in the outreach program a fee 
for each hypodermic needle or syringe used in the outreach 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 outreach program authorized by this 
subchapter shall annually provide the department with information 
on;
		(1)  the effectiveness of the disease control outreach 
program, including:
			(A)  the number of clients served by the program; 
and               
			(B)  the methods of distribution;                                     
		(2)  the disease control outreach program's impact on 
reducing the spread of communicable diseases, such as hepatitis C, 
hepatitis B, and HIV, including:
			(A)  the number of syringes collected and the 
number of syringes disposed of through the program;
			(B)  the number of referrals for testing for 
communicable diseases made by the program; and
			(C)  a list of the facilities to which individuals 
are referred by the program to receive testing described by 
Paragraph (B); and
		(3)  the disease control outreach program's effect on 
injected drug use in the area served by the local health authority, 
including:
			(A)  the number of referrals for substance abuse 
treatment made by the program;
			(B)  a list of facilities to which individuals are 
referred by the program to receive substance abuse treatment; and
			(C)  other information specified by the 
department.                 
	Sec. 81.403.  DISTRIBUTION OF NEEDLES AND SYRINGES TO 
OUTREACH 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 outreach program 
authorized by this subchapter.
	Sec. 81.404.  HANDLING OF NEEDLES AND SYRINGES. (a) The 
operator of a disease control outreach program shall store 
hypodermic needles and syringes in a proper and secure manner. Only 
authorized employees or volunteers of hypodermic needles and 
syringes. Outreach program clients may obtain hypodermic needles 
and syringes only from an authorized employee or volunteer.
	(b)  The operator of a disease control outreach program 
authorized by this subchapter shall store and dispose of used 
hypodermic needles and syringes in accordance with department rule.
	SECTION 3.  Section 481.125, Health and Safety Code, is 
amended by adding Subsection (g) to read as follows:
	(g)  It is a defense to prosecution under 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 outreach program established under Subchapter J, Chapter 
81; or
		(2)  the person:                                                       
			(A)  uses, possesses, or delivers hypodermic 
needles or syringes that are delivered through a disease control 
outreach 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.
	(b)  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.
	(c)  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.