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A BILL TO BE ENTITLED
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AN ACT
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relating to a statewide opioid settlement agreement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 403, Government Code, is amended by |
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adding Subchapter R to read as follows: |
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SUBCHAPTER R. STATEWIDE OPIOID SETTLEMENT AGREEMENT |
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Sec. 403.501. DEFINITIONS. In this chapter: |
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(1) "Council" means the Texas Opioid Council created |
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as described by the term sheet to manage the distribution of funds |
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from the opioid abatement fund in accordance with a statewide |
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opioid settlement agreement. |
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(2) "Governmental entity" means: |
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(A) this state and each of its departments, |
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agencies, divisions, boards, commissions, and instrumentalities; |
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and |
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(B) a political subdivision of this state, |
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including a county, municipality, special district, school |
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district, junior college district, and housing authority. |
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(3) "Released claim" means a claim that has been |
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released under a statewide opioid settlement agreement. |
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(4) "Released entity" means an entity against which a |
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claim has been released under a statewide opioid settlement |
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agreement. |
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(5) "Statewide opioid settlement agreement" means all |
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settlement agreements and related documents entered into by this |
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state through the attorney general and opioid manufacturers, |
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distributors, or retailers relating to illegal conduct in the |
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marketing, promotion, sale, distribution, and dispensing of |
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opioids that provide relief for this state and political |
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subdivisions of this state. |
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(6) "Term sheet" means the Texas Opioid Abatement Fund |
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Council and Settlement Allocation Term Sheet agreed to by this |
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state and political subdivisions of this state. |
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Sec. 403.502. SETTLEMENT RECORDS. The attorney general and |
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comptroller shall maintain a copy of a statewide opioid settlement |
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agreement, including any amendments to the agreement, and make the |
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copy available on the attorney general's and comptroller's Internet |
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websites. |
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Sec. 403.503. TEXAS OPIOID ABATEMENT FUND COUNCIL. The |
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council is administratively attached to the comptroller's office. |
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The comptroller shall provide the staff and facilities necessary to |
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assist the council in performing its duties. |
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Sec. 403.504. DISTRIBUTION OF FUNDS. Funds obtained under |
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a statewide opioid settlement agreement shall be distributed in |
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accordance with the term sheet. |
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Sec. 403.505. EFFECT OF SETTLEMENT ON RELEASED CLAIMS. (a) |
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A governmental entity may not bring a released claim against a |
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released entity. |
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(b) A court shall dismiss with prejudice a pending action |
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asserting a released claim against a released entity brought by a |
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governmental entity. |
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SECTION 2. This Act takes effect September 1, 2021. |