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A BILL TO BE ENTITLED
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AN ACT
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relating to overdose mapping by a local health authority or a law |
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enforcement agency 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. 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) In this section: |
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(1) "Controlled substance" has the meaning assigned by |
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Section 481.002, Health and Safety Code. |
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(2) "Opioid antagonist" has the meaning assigned by |
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Section 483.101, Health and Safety Code. |
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(3) "Social media platform" has the meaning assigned |
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by Section 120.001, Business & Commerce Code. |
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(b) A local health authority or a law enforcement agency |
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located in a county with a population of more than two million may |
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enter into a participation agreement with an entity that maintains |
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a computerized system for mapping overdoses for public safety |
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purposes. |
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(c) A local health authority or law enforcement agency that |
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has entered into a participation agreement under Subsection (b) |
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shall: |
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(1) solicit and accept information regarding |
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overdoses occurring in the county; and |
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(2) provide information described by Subdivision (1) |
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to the entity with which the authority or agency has a participation |
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agreement under Subsection (b) for purposes of entering the |
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information into the computerized system. |
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(d) A local health authority or a law enforcement agency may |
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accept information described by Subsection (c)(1) from any credible |
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source, including from a social media platform. |
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(e) The following information regarding an overdose |
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incident, if known, must be entered into the computerized system: |
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(1) the date and time of the overdose incident; |
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(2) the GPS coordinates or approximate location of the |
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overdose incident; |
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(3) the suspected controlled substance involved in the |
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overdose incident; |
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(4) whether an opioid antagonist was administered and, |
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if so, the number of doses and type of delivery; |
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(5) whether the person who overdosed was transported |
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to the hospital; |
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(6) whether the overdose involved the operation of a |
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motor vehicle; |
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(7) whether multiple persons were involved in the |
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overdose incident; |
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(8) the sex and approximate age of each person |
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receiving treatment for an overdose; and |
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(9) whether the overdose was fatal or nonfatal. |
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(f) A person who provides information about an overdose |
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incident to a local health authority or law enforcement agency in |
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good faith under this section is not subject to civil or criminal |
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liability for providing the information. |
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(g) A law enforcement agency may use information provided or |
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received under this section only for mapping overdose locations for |
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public safety purposes. |
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(h) Information provided for purposes of overdose mapping |
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under this section is confidential and not subject to disclosure |
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under Chapter 552, Government Code. |
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(i) Section 181.154, Health and Safety Code, does not apply |
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to information provided, received, or used under this section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |