BILL ANALYSIS

H.B. 3538

By: Rose

Public Health

Committee Report (Unamended)

BACKGROUND AND PURPOSE

For years the United States has seen an increase in opioid use and abuse. Besides the personal toll the opioid crisis has taken on individuals and families, the crisis has imposed significant costs on first responders and emergency rooms in treating overdose victims. H.B. 3538 seeks to establish the Opioid and Substance Abuse Advisory Council to study and make recommendations to address opioid and substance abuse in Texas.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3538 amends the Health and Safety Code to require the Health and Human Services Commission (HHSC) to establish the Opioid and Substance Abuse Advisory Council to study and make recommendations to address opioid and substance abuse in Texas. The council is composed of members appointed by the governor with the advice and consent of the senate. The bill sets out provisions relating to the council's composition and provides for its operation and administration. The bill requires the council to do the following:

· serve as a central location for opioid and substance abuse information;

· maintain and provide the latest statistics and information concerning research on opioid and substance abuse;

· develop or recommend best practices for opioid and substance abuse prevention and treatment, relevant training, and psychological and substance abuse treatments;

· make policy recommendations related to opioid and substance abuse prevention and treatment; and

· provide a report to the governor, the lieutenant governor, the legislature, and HHSC not later than January 1 of each odd-numbered year that includes any findings and recommendations made by the council regarding:

o the council's functions;

o strategic planning initiatives; and

o recommendations for proposed legislation.

H.B. 3538 requires the governor to appoint the council members not later than December 1, 2019, and provides for the staggering of member terms.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2019.