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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of certain overdose information and the |
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mapping of overdoses for public safety purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.045 to read as follows: |
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Sec. 161.045. MANDATORY REPORTING OF CONTROLLED SUBSTANCE |
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OVERDOSES FOR PUBLIC SAFETY MAPPING. (a) In this section: |
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(1) "Controlled substance" has the meaning assigned by |
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Section 481.002. |
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(2) "Emergency medical services personnel" has the |
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meaning assigned by Section 773.003. |
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(3) "Opioid antagonist" has the meaning assigned by |
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Section 483.101. |
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(4) "Overdose" means an acute condition caused by |
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abuse or misuse of a controlled substance evidenced by symptoms |
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such as extreme physical illness, decreased level of consciousness, |
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respiratory depression, coma, or death. |
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(b) This section applies only to emergency medical services |
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personnel operating within the geographical jurisdiction of a local |
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health authority or law enforcement agency, as applicable, that has |
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entered into a participation agreement for overdose mapping under |
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Section 370.007, Local Government Code. |
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(c) A person to whom this section applies who responds to an |
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overdose incident shall report information about the incident as |
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soon as possible to the local health authority or law enforcement |
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agency, as applicable, that has entered into the participation |
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agreement under Section 370.007, Local Government Code. A person |
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satisfies the requirements of this section by reporting information |
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to either the appropriate local health authority or law enforcement |
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agency. |
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(d) A report under this section must include, if possible: |
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(1) the date and time of the overdose incident; |
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(2) the approximate location of the overdose incident, |
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using: |
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(A) an address; |
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(B) the latitude and longitude of the location; |
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or |
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(C) the location data from a cellular device; |
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(3) whether an opioid antagonist was administered, and |
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if so, the number of doses and the type of delivery; and |
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(4) whether the overdose was fatal or nonfatal. |
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(e) A person who reports information about an overdose |
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incident under this section in good faith is not subject to civil or |
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criminal liability for making the report. |
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(f) A law enforcement agency may use information received |
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from a report under this section only for mapping overdose |
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locations for public safety purposes. |
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(g) Information in a report described by this section is |
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confidential and not subject to disclosure under Chapter 552, |
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Government Code. |
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SECTION 2. Chapter 370, Local Government Code, is amended |
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by adding Section 370.007 to read as follows: |
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Sec. 370.007. PARTICIPATION AGREEMENT FOR OVERDOSE |
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MAPPING. (a) A local health authority or law enforcement agency |
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shall enter into a participation agreement with an entity that |
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maintains a computerized system for mapping overdoses of one or |
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more controlled substances for public safety purposes. |
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(b) A local health authority or law enforcement agency shall |
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provide information received under Section 161.045, Health and |
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Safety Code, to the entity with which the authority or agency has a |
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participation agreement under Subsection (a) for purposes of |
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entering the information into the computerized system. The local |
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health authority or law enforcement agency is not required to |
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provide information received under Section 161.045, Health and |
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Safety Code, regarding a controlled substance to the entity with |
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which the authority or agency has a participation agreement if the |
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entity does not maintain an overdose map that includes the |
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controlled substance. |
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(c) A local health authority or law enforcement agency or an |
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employee of a local health authority or law enforcement agency is |
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not subject to civil or criminal liability for providing |
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information received under Section 161.045, Health and Safety Code, |
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to an entity pursuant to a participation agreement under this |
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section. |
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(d) Information provided to an entity pursuant to a |
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participation agreement under this section is confidential and not |
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subject to disclosure under Chapter 552, Government Code. |
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(e) This section does not waive sovereign immunity to suit |
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or liability. |
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SECTION 3. This Act takes effect September 1, 2023. |