BILL ANALYSIS

 

 

Senate Research Center

C.S.H.B. 163

89R31739 EAS-D

By: Cortez et al. (Blanco)

 

Health & Human Services

 

5/22/2025

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

In 2014, 18-year-old Dillon Mueller tragically passed away after experiencing an anaphylactic
reaction to a bee sting. This incident sparked legislative efforts in several states to expand access
to life-saving epinephrine. Anaphylactic reactions claim approximately 1,500 lives each year and
can be triggered by a variety of allergens, including food and insect stings. With over 33 million
Americans living with potentially life-threatening allergies, a severe reaction can occur anywhere
and at any time. Currently, only a few types of establishments, including amusement parks, child
care facilities, and restaurants, are authorized to train and equip individuals to administer
epinephrine auto-injectors, which limits timely responses during anaphylactic emergencies.

H.B. 163 aims to address this issue by authorizing any establishment in Texas, including
governmental entities, to adopt policies for the maintenance, administration, and disposal of
epinephrine auto-injectors. By expanding access and empowering more organizations to act during an anaphylaxis emergency, H.B. 163 seeks to increase the chances of saving lives in public spaces.

 

H.B. 163 amends Section 773.0145, Health and Safety Code, to allow entities in Texas,
including governmental entities, to adopt a policy regarding the maintenance, administration and disposal of epinephrine auto-injectors.

 

Legislative History:

H.B. 163 passed the House 138-0.

 

Committee Substitute:

Changes the phrase "epinephrine auto-injectors" to "epinephrine delivery systems" to align
with S.B. 1619, which modernized this term to include all FDA-approved epinephrine
delivery methods.

 

C.S.H.B. 163 amends current law relating to the possession and administration of epinephrine delivery systems by certain entities.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 773.0145, Health and Safety Code, by adding Subsection (a-1) and amending Subsection (c), as follows:

 

(a-1) Provides that Section 773.0145 (Possession and Administration of Epinephrine by Certain Entities) does not apply to an entity that is required by another law to adopt and implement a policy governing the maintenance, administration, and disposal of epinephrine delivery systems by the entity.

 

(c) Authorizes an entity in this state, including a governmental entity, rather than an entity described by Subsection (a) (relating to providing that this section applies to certain pubic spaces), to adopt a policy regarding the maintenance, administration, and disposal of epinephrine delivery systems, rather than epinephrine auto-injectors.

 

SECTION 2. Repealers: Sections 773.0145(a) (relating to providing that this section applies to certain pubic spaces) and (b) (relating to providing that this section does� not apply to a governmental entity), Health and Safety Code.

 

SECTION 3. Effective date: September 1, 2025.