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Amend SB 200 by adding the following appropriately numbered SECTIONS to the bill and renumbering SECTIONS of the bill accordingly:
SECTION ____. Section 531.0972, Government Code, is amended to read as follows:
Sec. 531.0972. PILOT PROGRAM TO PREVENT THE SPREAD OF CERTAIN INFECTIOUS OR COMMUNICABLE DISEASES. The commission may provide guidance to the counties and the hospital districts in those counties that establish [the local health authority of Bexar County in establishing] a pilot program under Subchapter J, Chapter 81, Health and Safety Code, [funded by the county] to prevent the spread of HIV, hepatitis B, hepatitis C, and other infectious and communicable diseases. The program may include a disease control program that provides for the anonymous exchange of used hypodermic needles and syringes.
SECTION ____. Chapter 81, Health and Safety Code, is amended by adding Subchapter J to read as follows:
SUBCHAPTER J. PILOT PROGRAMS TO REDUCE RISK OF CERTAIN COMMUNICABLE DISEASES
Sec. 81.401. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to Bexar, Dallas, El Paso, Harris, Nueces, Travis, and Webb Counties and hospital districts in those counties.
Sec. 81.402. DISEASE CONTROL PILOT PROGRAMS. (a) A county or hospital district may authorize an organization to establish a disease control pilot program under this subchapter to prevent the spread of HIV, hepatitis B, hepatitis C, and other infectious and communicable diseases. The pilot program may include disease control outreach programs that:
(1) provide for the anonymous exchange of used hypodermic needles and syringes for an equal number of new hypodermic needles and syringes;
(2) offer education on the transmission and prevention of communicable diseases, including HIV, hepatitis B, and hepatitis C; and
(3) assist program participants in obtaining health care and other physical and mental health-related services, including substance abuse treatment services and bloodborne disease testing.
(b) As part of the pilot program under Subsection (a), a county or hospital district by order or similar measure may authorize an organization to register with the county or hospital district to distribute hypodermic needles and syringes for the purpose of controlling the spread of certain bloodborne communicable diseases. The county or hospital district may charge a reasonable fee for registration under this subchapter to pay for oversight functions, including coordination with law enforcement personnel.
(c) An organization operating a disease control pilot 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.
(d) An organization operating a disease control pilot program authorized by this subchapter shall annually provide the department and the county or hospital district authorizing the program with information on:
(1) the effectiveness of the program;
(2) the program's impact on reducing the spread of communicable diseases, including HIV, hepatitis B, and hepatitis C; and
(3) the program's effect on injected drug use in the area served by the county or hospital district.
Sec. 81.403. DISTRIBUTION OF NEEDLES AND SYRINGES TO PILOT 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 pilot program authorized by this subchapter.
Sec. 81.404. HANDLING OF NEEDLES AND SYRINGES. (a) An organization operating a disease control pilot program shall store hypodermic needles and syringes in a proper and secure manner. Only authorized employees or volunteers of the program may have access to the hypodermic needles and syringes. The hypodermic needles and syringes may be included in packaged safe kits made available to program clients through the program. Program clients may obtain hypodermic needles and syringes and safe kits only from an authorized employee or volunteer of the program.
(b) An organization operating a disease control pilot program authorized by this subchapter shall store and dispose of used hypodermic needles and syringes in accordance with applicable state laws and administrative rules governing the safe and proper disposal of medical waste.
Sec. 81.405. FUNDING. Except to the extent specifically prohibited by law, an organization may solicit or accept gifts, grants, or donations to fund a disease control pilot program under Section 81.402(a).
Sec. 81.406. EXPIRATION. This subchapter expires September 1, 2025.
SECTION ____. Section 481.125, Health and Safety Code, is amended by adding Subsections (g), (h), and (i) to read as follows:
(g) Subsections (a) and (b) do not apply to a person who dispenses or delivers a hypodermic needle or syringe for a medical purpose. For the purposes of this subsection, "medical purpose" includes the exchange of a hypodermic needle or syringe for a used hypodermic needle or syringe in a disease control pilot program described by Subchapter J, Chapter 81.
(h) Subsections (a) and (b) do not apply to a person who manufactures hypodermic needles or syringes for delivery to a disease control pilot program described by Subchapter J, Chapter 81.
(i) Subsections (a) and (b) do not apply to a person who is an employee, volunteer, duly authorized agent, or participant of a disease control pilot program described by Subchapter J, Chapter 81, and uses, possesses, or delivers a hypodermic needle or syringe as part of the program.
SECTION ____. (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 governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.