88R25525 CJD-D
 
  By: Turner, Lujan, Harless H.B. No. 3480
 
  Substitute the following for H.B. No. 3480:
 
  By:  Bowers C.S.H.B. No. 3480
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the reporting of certain overdose information and the
  mapping of overdoses for public safety purposes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 161, Health and Safety
  Code, is amended by adding Section 161.045 to read as follows:
         Sec. 161.045.  MANDATORY REPORTING OF CONTROLLED SUBSTANCE
  OVERDOSES FOR PUBLIC SAFETY MAPPING. (a) In this section:
               (1)  "Controlled substance" has the meaning assigned by
  Section 481.002.
               (2)  "Emergency medical services personnel" has the
  meaning assigned by Section 773.003.
               (3)  "Opioid antagonist" has the meaning assigned by
  Section 483.101.
               (4)  "Overdose" means an acute condition caused by
  abuse or misuse of a controlled substance evidenced by symptoms
  such as extreme physical illness, decreased level of consciousness,
  respiratory depression, coma, or death.
         (b)  This section applies only to emergency medical services
  personnel operating within the geographical jurisdiction of a local
  health authority or law enforcement agency, as applicable, that has
  entered into a participation agreement for overdose mapping under
  Section 370.007, Local Government Code.
         (c)  A person to whom this section applies who responds to an
  overdose incident shall report information about the incident as
  soon as possible to the local health authority or law enforcement
  agency, as applicable, that has entered into the participation
  agreement under Section 370.007, Local Government Code.  A person
  satisfies the requirements of this section by reporting information
  to either the appropriate local health authority or law enforcement
  agency.
         (d)  A report under this section must include, if possible:
               (1)  the date and time of the overdose incident;
               (2)  the approximate location of the overdose incident,
  using:
                     (A)  an address;
                     (B)  the latitude and longitude of the location;
  or
                     (C)  the location data from a cellular device;
               (3)  whether an opioid antagonist was administered, and
  if so, the number of doses and the type of delivery; and
               (4)  whether the overdose was fatal or nonfatal.
         (e)  A person who reports information about an overdose
  incident under this section in good faith is not subject to civil or
  criminal liability for making the report.
         (f)  A law enforcement agency may use information received
  from a report under this section only for mapping overdose
  locations for public safety purposes.
         (g)  Information in a report described by this section is
  confidential and not subject to disclosure under Chapter 552,
  Government Code.
         SECTION 2.  Chapter 370, Local Government Code, is amended
  by adding Section 370.007 to read as follows:
         Sec. 370.007.  PARTICIPATION AGREEMENT FOR OVERDOSE
  MAPPING. (a) A local health authority or law enforcement agency
  shall enter into a participation agreement with an entity that
  maintains a computerized system for mapping overdoses of one or
  more controlled substances for public safety purposes.
         (b)  A local health authority or law enforcement agency shall
  provide information received under Section 161.045, Health and
  Safety Code, to the entity with which the authority or agency has a
  participation agreement under Subsection (a) for purposes of
  entering the information into the computerized system.  The local
  health authority or law enforcement agency is not required to
  provide information received under Section 161.045, Health and
  Safety Code, regarding a controlled substance to the entity with
  which the authority or agency has a participation agreement if the
  entity does not maintain an overdose map that includes the
  controlled substance.
         (c)  A local health authority or law enforcement agency or an
  employee of a local health authority or law enforcement agency is
  not subject to civil or criminal liability for providing
  information received under Section 161.045, Health and Safety Code,
  to an entity pursuant to a participation agreement under this
  section.
         (d)  Information provided to an entity pursuant to a
  participation agreement under this section is confidential and not
  subject to disclosure under Chapter 552, Government Code.
         (e)  This section does not waive sovereign immunity to suit
  or liability.
         SECTION 3.  This Act takes effect September 1, 2023.