By: Coleman H.B. No. 4468
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to county criminal justice reform.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 511.009(a)(23)(A), Government Code, is
  amended to read as follows:
                     (A)  give prisoners the ability to access a mental
  health professional at the jail or through a telemental health
  service 24 hours a day, or if a mental health professional is
  unavailable at the jail or through a telemental health service,
  provided for a prisoner to be transported o access a mental health
  professional;
         SECTION 2.  Chapter 511.019(d), Government Code, is amended
  to read as follows:
         (d)  The commission by rule may establish a grant program to
  provide grants to counties to fund capital improvements described
  by Subsection (c). The commission may only provide a grant to a
  county for capital improvements to a county jail with a capacity of
  not more than 288 96 prisoners.
         SECTION 3.  Section 539.009, Government Code, is added to
  read as follows:
         Sec. 539.009.  MATCH. A community that receives a grant
  under this section is required to leverage funds in an amount:
         (a)  equal to 25 percent of the grant amount if the community
  mental health program is located in a county with a population of
  less than 250,000; and
         (b)  equal to 100 percent of the grant amount if the
  community mental health program is located in a county with a
  population of at least 250,000.
         SECTION 4.  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 Department of
  State Health Services [commission] may shall provide guidance to
  the counties and municipalities that establish [local health
  authority of Bexar County in establishing] a [pilot] program under
  Subchapter K, 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 5.  Chapter 81, Health and Safety Code, is amended by
  adding Subchapter K to read as follows:
  SUBCHAPTER K. PROGRAM TO REDUCE RISK OF CERTAIN COMMUNICABLE
  DISEASES
         Sec. 81.501.  DEFINITIONS. In this subchapter:
               (1)  "Organization" means an entity authorized by a
  county or municipality to operate a program under this subchapter.
               (2)  "Program" means a program established under this
  subchapter to control through needle exchange the spread of HIV,
  hepatitis B, hepatitis C, or other infectious and communicable
  diseases.
         Sec. 81.502.  AUTHORITY TO ESTABLISH PROGRAM. (a) An
  organization may operate a program in a county or municipality in
  which a public health emergency as described by Subsection (b) is
  declared by the commissioner.
         (b)  The commissioner may declare a public health emergency
  in a county or municipality if a county or municipality
  demonstrates that:
               (1)  HIV, hepatitis B, hepatitis C, or other infectious
  and communicable diseases exists in the county or municipality;
               (2)  a cause of the transmission of HIV, hepatitis B,
  hepatitis C, or other infectious and communicable diseases is
  intravenous drug use; and
               (4)  a needle exchange program is an appropriate
  component of a comprehensive response to the epidemic.
         (c)  To request the department declare a public health
  emergency, the commissioners court of a county or the governing
  body of a municipality shall:
               (1)  conduct a public hearing and allow public
  testimony on HIV, hepatitis B, hepatitis C, or other infectious and
  communicable diseases in the county or municipality;
               (2)  issue an order requesting the department to
  declare a public health emergency in the county or municipality
  with facts supporting the declaration; and
               (3)  submit to the department an official request and
  supporting evidence for the department to declare a public health
  emergency in the county or municipality.
         (d)  On receipt of a request by a county or municipality to
  declare a public health emergency under this subchapter, the
  commissioner shall:
               (1)  approve, deny, or request additional information
  from the county or municipality concerning the request not later
  than the 10th day after the date the request is received by the
  department; or
               (2)  if additional information is requested by the
  department, approve or deny a request not later than the 10th day
  after the additional information is received.
         (e)  A public health emergency declared under this section
  remains in effect until the first anniversary of the date the
  emergency is declared.
         (f)  The commissioner may extend a declaration of a public
  health emergency at the request of the county or municipality that
  is the subject of the declaration.
         Sec. 81.503.  REGISTRATION REQUIRED. An organization shall
  register with the department and the county or municipality in
  which the organization is applying to operate a program to
  distribute hypodermic needles and syringes for the purpose of
  controlling the spread of HIV, hepatitis B, hepatitis C, or other
  infectious and communicable diseases. The department, county, or
  municipality may charge a reasonable fee for registration under
  this subchapter to pay for oversight functions, including
  coordination with law enforcement personnel.
         Sec. 81.504.  PROGRAM OPERATION. A qualified organization
  that is registered to provide a program in a county or municipality
  shall:
               (1)  operate the program in a manner consistent with
  public health and safety and under the supervision of a physician,
  physician assistant, or nurse licensed to practice in this state;
               (2)  ensure the program is appropriate and part of a
  comprehensive public health response;
               (3)  provide for the anonymous exchange of used
  hypodermic needles and syringes for an equal number of new
  hypodermic needles and syringes; and
               (4)  provide:
                     (A)  education and training on responding to and
  treating a drug overdose, including the administration of an
  overdose intervention drug;
                     (B)  information on options for drug
  rehabilitation treatment; and
                     (C)  assistance to program participants with
  obtaining drug rehabilitation treatment, including treatment
  programs located in the county or municipality in which the program
  operates and treatment programs that offer medication-assisted
  treatment using a medication that is:
                           (i)  approved by the United States Food and
  Drug Administration for use in opioid or alcohol dependence
  treatment; and
                           (ii)  long-acting and nonaddictive.
         Sec. 81.505.  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 program authorized by this subchapter.
         Sec. 81.506.  HANDLING OF NEEDLES AND SYRINGES. (a) An
  organization operating a program authorized by this subchapter
  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 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. 81.507.  REQUIRED REPORTING BY ORGANIZATION. (a) An
  organization operating a program under this subchapter shall submit
  to the department a quarterly report that provides:
               (1)  the number of individuals served by the
  organization each day;
               (2)  the number of hypodermic needles and syringes
  collected by the organization each day;
               (3)  the number of hypodermic needles and syringes
  distributed by the organization each day; and
               (4)  other information the department determines
  necessary.
         (b)  The information required under Subsection (a) must
  include the zip code of each location where the program distributed
  or collected hypodermic needles and syringes.
         Sec. 81.508.  REVOCATION. If an organization fails to
  comply with the requirements of this subchapter, the commissioners
  court of the county or the governing body of the municipality in
  which the organization is operating or the department may revoke
  the organization's registration and authorization to operate a
  program.
         Sec. 81.509.  USE OF STATE FUNDS. State funds may not be
  used to purchase hypodermic needles or syringes under this
  subchapter.
         Sec. 81.510.  DEPARTMENT REPORT. The department shall
  annually submit to the legislature a report on:
               (1)  the effectiveness of the program;
               (2)  the program's impact on reducing the spread of HIV,
  hepatitis B, hepatitis C, and other infectious and communicable
  diseases; and
               (3)  the program's effect on intravenous drug use in the
  area served by the county or municipality.
         SECTION 6.  Section 481.125, Health and Safety Code, is
  amended by adding Subsections (g), (h), (i), and (j) 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 program described by Subchapter
  K, Chapter 81.
         (h)  Subsections (a) and (b) do not apply to a person who
  manufactures hypodermic needles or syringes for delivery to a
  program described by Subchapter K, 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
  program described by Subchapter K, Chapter 81, and uses, possesses,
  or delivers a hypodermic needle or syringe as part of the program.
         (j)  A peace officer may not stop, search, or seize a person
  or base probable cause solely because the person visits an
  organization operating under Subchapter K, Chapter 81.
 
         SECTION 7.  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. 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. For purposes of this section, an offense is
  committed before the effective date of this Act if any element of
  the offense occurs before that date.
         SECTION 8.  Except as otherwise provided by this Act, this
  Act takes effect September 1, 2019.