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A BILL TO BE ENTITLED
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AN ACT
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relating to state overdose prevention and control efforts and the |
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defense to prosecution for certain offenses involving possession of |
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small amounts of controlled substances, marihuana, dangerous |
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drugs, or abusable volatile chemicals, or possession of drug |
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paraphernalia for defendants seeking assistance for a suspected |
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overdose. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. OVERDOSE PREVENTION AND CONTROL |
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SECTION 1.01. Subtitle C, Title 6, Health and Safety Code, |
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is amended by adding Chapter 490 to read as follows: |
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CHAPTER 490. OVERDOSE PREVENTION AND CONTROL |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 490.001. DEFINITIONS. In this subchapter: |
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(1) "Application programming interface" means a set of |
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tools, definitions, and protocols for building and integrating |
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application software and service with different software programs. |
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(2) "Controlled substance" has the meaning assigned by |
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Section 481.002. |
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(3) "Department" means the Department of State Health |
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Services. |
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(4) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(5) "Information technology platform" means the |
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Overdose Detection Mapping Application Program or a similar system |
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that tracks overdose information for public safety purposes. |
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(6) "Opioid antagonist" has the meaning assigned by |
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Section 483.101. |
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SUBCHAPTER B. DATA COLLECTION AND REPORTING |
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Sec. 490.051. OVERDOSE MAPPING. (a) The department shall |
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develop an overdose mapping and response system in which a central |
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repository containing information about overdose incidents is |
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established and maintained using the information technology |
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platform. |
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(b) The department shall design the overdose mapping and |
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response system to avoid data entry duplication wherever possible. |
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The system may include one or more application programming |
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interfaces to transfer information about overdose incidents that |
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are reported to active databases in this state to the information |
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technology platform. |
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Sec. 490.052. OVERDOSE REPORTING. (a) A law enforcement |
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officer who responds to an overdose incident shall report |
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information about the incident to the information technology |
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platform as soon as possible but not later than 24 hours after the |
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incident. |
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(b) A person who administers emergency services and |
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responds to an overdose incident or transports a person |
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experiencing a confirmed or suspected overdose to a medical |
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facility shall report information about the incident to the |
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information technology platform as soon as possible but not later |
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than 24 hours after the incident. |
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(c) When a coroner, medical examiner, or other individual |
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responsible for determining the cause of death determines that the |
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death of a person was caused by an overdose, the coroner, medical |
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examiner, or other individual shall report information about the |
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overdose incident to the information technology platform, or give |
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the information to a person authorized to report it, as soon as |
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possible but not later than 24 hours after the determination of the |
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cause of death. |
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(d) A report under this section must include: |
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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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(3) whether an opioid antagonist was administered, and |
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if so, the number of doses and the type of delivery; |
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(4) whether the overdose was fatal or nonfatal; |
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(5) the sex and approximate age of the person |
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suffering the overdose incident; and |
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(6) the suspected substance involved. |
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(e) A person who reports information about an overdose |
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incident under this subchapter in good faith is not subject to civil |
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or criminal liability for making the report unless the act |
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constitutes wilful or wanton negligence. |
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Sec. 490.053. OVERDOSE SPIKE RESPONSE PLANS. (a) The |
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department shall: |
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(1) identify parameters for identifying an overdose |
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spike throughout the state; and |
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(2) create overdose spike response plans that |
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coordinate the response of public health, public safety, and |
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emergency management agencies and officials, first responders, |
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community organizations, health care providers, and the media with |
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the goal of preventing and reducing the harm caused by overdose |
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spikes. |
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(b) In developing overdose spike response plans, the |
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department may: |
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(1) establish public safety, public health, and |
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behavioral health partnerships within the state; |
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(2) assist local communities in identifying |
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additional ways to use information about overdose incidents to |
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deploy public health, behavioral health, and public safety |
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responses to address specific geographic areas or high-risk |
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populations; |
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(3) assist in the distribution of opioid antagonists |
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throughout the state; and |
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(4) assist in implementing strategies to reduce drug |
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supply and demand, especially in high-risk areas and where there |
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are high volumes of high-risk populations. |
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Sec. 490.054. REPORT BY DEPARTMENT. Not later than |
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September 1 of each year, the department shall submit an annual |
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report to the legislature regarding the overdose mapping and |
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response system under this subchapter. The report must include: |
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(1) the number of overdose incidents reported and the |
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approximate locations where the overdose incidents occurred, |
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including any clusters of overdose incidents; |
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(2) the entities or individuals reporting information |
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about overdose incidents; |
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(3) the percentage of overdose incidents involving |
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fatal overdoses; and |
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(4) the manner in which the reported information about |
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overdose incidents was used for public health, behavioral health, |
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and public safety responses, the outcomes of those responses, and |
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the impact on affected communities. |
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Sec. 490.055. LIMITATIONS ON DATA USE. (a) Information |
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about overdose incidents reported to the overdose mapping and |
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response system by a person other than a law enforcement officer may |
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not be used for a criminal investigation or prosecution of any |
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person. |
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(b) Information about overdose incidents reported to, and |
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accessible through, the overdose mapping and response system is |
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confidential and is not subject to disclosure under Chapter 552, |
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Government Code. |
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SUBCHAPTER C. STATEWIDE OVERDOSE PREVENTION AND EDUCATION |
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Sec. 490.101. FENTANYL ADDICTION AND OVERDOSE PREVENTION |
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AND EDUCATION CAMPAIGN. (a) The department shall develop, |
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implement, and maintain an ongoing statewide prevention and |
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education campaign to address the fentanyl education needs in this |
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state. |
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(b) The campaign must include: |
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(1) information for the general public about fentanyl; |
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(2) precautionary measures to avoid risks and prevent |
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harm caused by fentanyl; |
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(3) resources for addiction treatment and services; |
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and |
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(4) information on laws regarding the manufacture, |
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delivery, possession, and use of fentanyl, including criminal |
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penalties and immunities for reporting an overdose. |
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(c) The department may use television advertisements, radio |
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broadcasts, print media, or any other media or digital strategies |
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necessary and appropriate to reach the target audience of the |
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campaign. |
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(c-1) The department shall provide at least five regional |
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training sessions during the first year of operation of the |
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campaign for community partners to implement youth health |
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development strategies. This subsection expires December 1, 2025. |
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(d) The department shall develop, implement, and maintain |
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an Internet website to serve as the state resource for the most |
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accurate and timely information regarding fentanyl. The website |
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must include the information described by Subsection (b). |
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Sec. 490.102. STATEWIDE SUBSTANCE ABUSE PREVENTION |
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COLLABORATIVE. (a) The department shall establish a Substance |
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Abuse Prevention Collaborative, composed of the number and |
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composition of members as determined by the executive commissioner |
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to be appropriate. The executive commissioner shall appoint members |
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from: |
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(1) institutions of higher education; |
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(2) nonprofit agencies; |
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(3) state agencies; and |
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(4) other stakeholders as determined by the executive |
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commissioner. |
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(b) The Substance Abuse Prevention Collaborative shall: |
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(1) gather feedback from stakeholders concerning |
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evidence-based overdose prevention practices; |
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(2) work with prevention specialists to provide and |
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support training to strengthen the state's prevention workforce; |
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(3) coordinate with and assist state agencies and |
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communities to strengthen prevention infrastructure; |
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(4) implement a statewide strategic plan for |
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prevention of substance use disorders; |
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(5) advance the use of tested and effective prevention |
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programs and practices through education, outreach, advocacy, and |
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technical assistance; |
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(6) direct efforts to raise public awareness of the |
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cost savings of prevention measures; |
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(7) provide direct training and technical assistance |
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to communities regarding the selection, implementation, and |
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sustainment of tested and effective prevention programs; |
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(8) provide recommendations to state agencies and |
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communities regarding innovative prevention programs and |
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practices; |
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(9) support funding efforts to align funding and |
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services and communicate with communities about funding |
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strategies; |
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(10) work with key state and community stakeholders to |
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establish minimum standards for prevention programs; and |
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(11) not later than September 1 of each year, submit an |
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annual report to the legislature of the collaborative's progress. |
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Sec. 490.103. STATE OVERDOSE PREVENTION GRANT PROGRAM. (a) |
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The department shall develop and implement a grant program to |
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prevent overdose deaths and reduce health risks associated with |
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substance abuse. |
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(b) To be eligible to receive a grant, an entity must be: |
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(1) a nonprofit organization that is in good standing |
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and registered with the Internal Revenue Service and the secretary |
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of state's office; |
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(2) a federally qualified health center or rural |
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health clinic, as defined by 42 U.S.C. Section 1396d(l); or |
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(3) a law enforcement agency. |
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(c) An eligible entity may submit an application on behalf |
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of a group of eligible entities, and apportion grant money |
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accordingly, to foster community collaboration and collective |
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impact. |
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(d) The department shall: |
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(1) develop additional eligibility criteria for grant |
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funding; |
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(2) review applications for funding; and |
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(3) award funding based on the developed criteria. |
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ARTICLE 2. DEFENSES TO CERTAIN CONTROLLED SUBSTANCE POSSESSION |
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OFFENSES |
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SECTION 2.01. Section 481.115(h), Health and Safety Code, |
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is amended to read as follows: |
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(h) The defense to prosecution provided by Subsection (g) is |
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not available if[: |
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[(1)] at the time the request for emergency medical |
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assistance was made: |
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(1) [(A)] a peace officer was in the process of |
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arresting the actor or executing a search warrant describing the |
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actor or the place from which the request for medical assistance was |
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made; or |
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(2) [(B)] the actor is committing another offense, |
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other than an offense punishable under Section 481.1151(b)(1), |
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481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
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481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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481.125(a), 483.041(a), or 485.031(a)[; |
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[(2) the actor has been previously convicted of or |
|
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placed on deferred adjudication community supervision for an |
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offense under this chapter or Chapter 483 or 485; |
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[(3) the actor was acquitted in a previous proceeding |
|
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in which the actor successfully established the defense under that |
|
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subsection or Section 481.1151(c), 481.116(f), 481.1161(c), |
|
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481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
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483.041(e), or 485.031(c); or |
|
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[(4) at any time during the 18-month period preceding |
|
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the date of the commission of the instant offense, the actor |
|
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requested emergency medical assistance in response to the possible |
|
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overdose of the actor or another person]. |
|
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SECTION 2.02. Section 481.1151(d), Health and Safety Code, |
|
|
is amended to read as follows: |
|
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(d) The defense to prosecution provided by Subsection (c) is |
|
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not available if[: |
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[(1)] at the time the request for emergency medical |
|
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assistance was made: |
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(1) [(A)] a peace officer was in the process of |
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arresting the actor or executing a search warrant describing the |
|
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actor or the place from which the request for medical assistance was |
|
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made; or |
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(2) [(B)] the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
|
|
481.121(b)(1) or (2), or an offense under Section 481.119(b), |
|
|
481.125(a), 483.041(a), or 485.031(a)[; |
|
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[(2) the actor has been previously convicted of or |
|
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placed on deferred adjudication community supervision for an |
|
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offense under this chapter or Chapter 483 or 485; |
|
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[(3) the actor was acquitted in a previous proceeding |
|
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in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.116(f), 481.1161(c), |
|
|
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
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483.041(e), or 485.031(c); or |
|
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[(4) at any time during the 18-month period preceding |
|
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the date of the commission of the instant offense, the actor |
|
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requested emergency medical assistance in response to the possible |
|
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overdose of the actor or another person]. |
|
|
SECTION 2.03. Section 481.116(g), Health and Safety Code, |
|
|
is amended to read as follows: |
|
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(g) The defense to prosecution provided by Subsection (f) is |
|
|
not available if[: |
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[(1)] at the time the request for emergency medical |
|
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assistance was made: |
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(1) [(A)] a peace officer was in the process of |
|
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arresting the actor or executing a search warrant describing the |
|
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actor or the place from which the request for medical assistance was |
|
|
made; or |
|
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(2) [(B)] the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
|
|
481.121(b)(1) or (2), or an offense under Section 481.119(b), |
|
|
481.125(a), 483.041(a), or 485.031(a)[; |
|
|
[(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
[(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.1161(c), |
|
|
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c); or |
|
|
[(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to the possible |
|
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overdose of the actor or another person]. |
|
|
SECTION 2.04. Section 481.1161(d), Health and Safety Code, |
|
|
is amended to read as follows: |
|
|
(d) The defense to prosecution provided by Subsection (c) is |
|
|
not available if[: |
|
|
[(1)] at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(1) [(A)] a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(2) [(B)] the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or |
|
|
481.121(b)(1) or (2), or an offense under Section 481.119(b), |
|
|
481.125(a), 483.041(a), or 485.031(a)[; |
|
|
[(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
[(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c); or |
|
|
[(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to the possible |
|
|
overdose of the actor or another person]. |
|
|
SECTION 2.05. Section 481.117(g), Health and Safety Code, |
|
|
is amended to read as follows: |
|
|
(g) The defense to prosecution provided by Subsection (f) is |
|
|
not available if[: |
|
|
[(1)] at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(1) [(A)] a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(2) [(B)] the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or |
|
|
481.121(b)(1) or (2), or an offense under Section 481.119(b), |
|
|
481.125(a), 483.041(a), or 485.031(a)[; |
|
|
[(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
[(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c); or |
|
|
[(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to the possible |
|
|
overdose of the actor or another person]. |
|
|
SECTION 2.06. Section 481.118(g), Health and Safety Code, |
|
|
is amended to read as follows: |
|
|
(g) The defense to prosecution provided by Subsection (f) is |
|
|
not available if[: |
|
|
[(1)] at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(1) [(A)] a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(2) [(B)] the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or |
|
|
481.121(b)(1) or (2), or an offense under Section 481.119(b), |
|
|
481.125(a), 483.041(a), or 485.031(a)[; |
|
|
[(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
[(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c); or |
|
|
[(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to the possible |
|
|
overdose of the actor or another person]. |
|
|
SECTION 2.07. Section 481.119(d), Health and Safety Code, |
|
|
is amended to read as follows: |
|
|
(d) The defense to prosecution provided by Subsection (c) is |
|
|
not available if[: |
|
|
[(1)] at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(1) [(A)] a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(2) [(B)] the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|
|
481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
|
|
481.125(a), 483.041(a), or 485.031(a)[; |
|
|
[(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
[(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c); or |
|
|
[(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to the possible |
|
|
overdose of the actor or another person]. |
|
|
SECTION 2.08. Section 481.121(d), Health and Safety Code, |
|
|
is amended to read as follows: |
|
|
(d) The defense to prosecution provided by Subsection (c) is |
|
|
not available if[: |
|
|
[(1)] at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(1) [(A)] a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(2) [(B)] the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or |
|
|
481.118(b), or an offense under Section 481.119(b), 481.125(a), |
|
|
483.041(a), or 485.031(a)[; |
|
|
[(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
[(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.125(g), |
|
|
483.041(e), or 485.031(c); or |
|
|
[(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to the possible |
|
|
overdose of the actor or another person]. |
|
|
SECTION 2.09. Section 481.125(h), Health and Safety Code, |
|
|
is amended to read as follows: |
|
|
(h) The defense to prosecution provided by Subsection (g) is |
|
|
not available if[: |
|
|
[(1)] at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(1) [(A)] a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(2) [(B)] the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|
|
481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
|
|
481.119(b), 483.041(a), or 485.031(a)[; |
|
|
[(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
[(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
|
|
483.041(e), or 485.031(c); or |
|
|
[(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to the possible |
|
|
overdose of the actor or another person]. |
|
|
SECTION 2.10. Section 483.041(f), Health and Safety Code, |
|
|
is amended to read as follows: |
|
|
(f) The defense to prosecution provided by Subsection (e) is |
|
|
not available if[: |
|
|
[(1)] at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(1) [(A)] a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(2) [(B)] the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|
|
481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
|
|
481.119(b), 481.125(a), or 485.031(a)[; |
|
|
[(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 481 or 485; |
|
|
[(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
|
|
481.125(g), or 485.031(c); or |
|
|
[(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to the possible |
|
|
overdose of the actor or another person]. |
|
|
SECTION 2.11. Section 485.031(d), Health and Safety Code, |
|
|
is amended to read as follows: |
|
|
(d) The defense to prosecution provided by Subsection (c) is |
|
|
not available if[: |
|
|
[(1)] at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(1) [(A)] a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(2) [(B)] the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|
|
481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
|
|
481.119(b), 481.125(a), or 483.041(a)[; |
|
|
[(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 481 or 483; |
|
|
[(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
|
|
481.125(g), or 483.041(e); or |
|
|
[(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to the possible |
|
|
overdose of the actor or another person]. |
|
|
ARTICLE 3. STUDY ON FENTANYL |
|
|
SECTION 3.01. (a) The Department of Public Safety, in |
|
|
consultation with the Health and Human Services Commission, shall |
|
|
conduct a study regarding the use of the Internet, including |
|
|
retail, payment, and social media platforms, for the purpose of |
|
|
distributing fentanyl, alpha-methylfentanyl, any other derivative |
|
|
of fentanyl, synthetic opiates, and counterfeit prescription |
|
|
drugs. The study must: |
|
|
(1) examine the prevalence of the availability and |
|
|
accessibility of fentanyl, alpha-methylfentanyl, any other |
|
|
derivative of fentanyl, synthetic opiates, and counterfeit |
|
|
prescription drugs through the Internet; |
|
|
(2) identify Internet website policies and practices |
|
|
intended to prevent the use of a website for distributing fentanyl, |
|
|
alpha-methylfentanyl, any other derivative of fentanyl, synthetic |
|
|
opiates, and counterfeit prescription drugs; |
|
|
(3) identify laws implemented by other states or the |
|
|
federal government intended to prevent the use of the Internet for |
|
|
distributing fentanyl, alpha-methylfentanyl, any other derivative |
|
|
of fentanyl, synthetic opiates, and counterfeit prescription |
|
|
drugs; and |
|
|
(4) examine any other relevant data, information, or |
|
|
resource concerning the use of the Internet for distributing |
|
|
fentanyl, alpha-methylfentanyl, any other derivative of fentanyl, |
|
|
synthetic opiates, and counterfeit prescription drugs. |
|
|
(b) Not later than September 1, 2024, the Department of |
|
|
Public Safety shall report the results of the study conducted under |
|
|
Subsection (a) of this section to the governor, the lieutenant |
|
|
governor, the speaker of the house of representatives, and the |
|
|
standing committees of the senate and the house of representatives |
|
|
that have jurisdiction over drug trafficking and health care |
|
|
issues. The report must include recommendations for legislation: |
|
|
(1) to prevent the use of the Internet for |
|
|
distributing fentanyl, alpha-methylfentanyl, any other derivative |
|
|
of fentanyl, synthetic opiates, and counterfeit prescription |
|
|
drugs; |
|
|
(2) imposing criminal and civil liability for the use |
|
|
of the Internet for distributing fentanyl, alpha-methylfentanyl, |
|
|
any other derivative of fentanyl, synthetic opiates, and |
|
|
counterfeit prescription drugs; |
|
|
(3) creating consumer reporting mechanisms for |
|
|
reporting to law enforcement the use of an Internet website or |
|
|
online account for distributing fentanyl, alpha-methylfentanyl, |
|
|
any other derivative of fentanyl, synthetic opiates, and |
|
|
counterfeit prescription drugs; and |
|
|
(4) implementing any other public policy changes |
|
|
necessary to reduce or eliminate the use of the Internet for |
|
|
distributing fentanyl, alpha-methylfentanyl, any other derivative |
|
|
of fentanyl, synthetic opiates, and counterfeit prescription |
|
|
drugs. |
|
|
(c) This section expires January 1, 2025. |
|
|
ARTICLE 4. TRANSITIONS; EFFECTIVE DATE |
|
|
SECTION 4.01. (a) Not later than September 1, 2024, the |
|
|
Department of State Health Services shall develop the overdose |
|
|
mapping and response system as required by Section 490.051, Health |
|
|
and Safety Code, as added by this Act. |
|
|
(b) Not later than September 1, 2024, the Department of |
|
|
State Health Services shall develop the overdose spike response |
|
|
plans as required by Section 490.053, Health and Safety Code, as |
|
|
added by this Act. |
|
|
(c) Not later than September 1, 2024, the Department of |
|
|
State Health Services shall develop and implement the Fentanyl |
|
|
Addiction and Overdose Prevention and Education Campaign as |
|
|
required by Section 490.101, Health and Safety Code, as added by |
|
|
this Act. |
|
|
(d) Not later than September 1, 2024, the executive |
|
|
commissioner of the Health and Human Services Commission shall |
|
|
appoint the members to the Substance Abuse Prevention Collaborative |
|
|
as required by Section 490.102, Health and Safety Code, as added by |
|
|
this Act. |
|
|
(e) Not later than September 1, 2024, the Department of |
|
|
State Health Services shall develop and implement the state |
|
|
overdose prevention grant program as required by Section 490.103, |
|
|
Health and Safety Code, as added by this Act. |
|
|
SECTION 4.02. The changes in law made by this Act to |
|
|
Chapters 481, 483, and 485, Health and Safety Code, apply 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 on the date the offense was committed, and the |
|
|
former law is continued in effect for that purpose. For purposes of |
|
|
this section, an offense was committed before the effective date of |
|
|
this Act if any element of the offense occurred before that date. |
|
|
SECTION 4.03. This Act takes effect September 1, 2023. |