89R9085 LRM-D

By: Vasut H.B. No. 5521

A BILL TO BE ENTITLED

AN ACT

relating to the possession and administration of an opioid antagonist by certain entities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 773, Health and Safety Code, is amended by adding Section 773.018 to read as follows:

Sec. 773.018. POSSESSION AND ADMINISTRATION OF OPIOID ANTAGONIST. (a) In this section, "live music venue" means a business with a space for live music and a primary revenue source of patron attendance to live music performances. The term includes a concert hall and indoor or outdoor stadium.

(b) This section applies to:

(1) an amusement park, as defined by Section 46.03, Penal Code;

(2) a live music venue;

(3) a sports venue, as defined by Section 504.151, Local Government Code; and

(4) subject to Subsection (c), other entities the executive commissioner by rule designates as an entity that benefits from the possession and administration of opioid antagonists.

(c) This section does not apply to a governmental entity.

(d) An entity subject to this section may adopt a policy regarding the maintenance, administration, and disposal of opioid antagonists. The policy must authorize the administration of an opioid antagonist for a person reasonably believed to be experiencing an opioid overdose on the entity's premises only by an entity employee or volunteer who is authorized and trained to administer the opioid antagonist.

(e) The executive commissioner shall adopt rules regarding an entity's maintenance, administration, and disposal of opioid antagonists under this section. The rules must establish:

(1) the number and dosages of the opioid antagonists available at each entity;

(2) the process for each entity to regularly verify its inventory of opioid antagonists for replacement of expired opioid antagonists; and

(3) the training required for an entity employee or volunteer to administer an opioid antagonist.

(f) Each entity that adopts a policy under Subsection (d) must have at least one entity employee or volunteer authorized and trained to administer an opioid antagonist present during all hours the entity is open to the public or the population the entity serves, as applicable.

(g) The entity's supply of opioid antagonists must:

(1) be stored in a secure location and in accordance with the manufacturer's instructions; and

(2) be easily accessible to an entity employee or volunteer who is authorized and trained to administer an opioid antagonist.

(h) Each entity that adopts a policy under Subsection (d) is responsible for training the entity's employees and volunteers in the administration of an opioid antagonist. The training must:

(1) include information on:

(A) the signs and symptoms of an opioid overdose;

(B) the recommended opioid antagonist dosages for an adult and a child;

(C) the administration of an opioid antagonist;

(D) the implementation of any necessary emergency procedures after administration of an opioid antagonist; and

(E) the proper disposal of a used or expired opioid antagonist; and

(2) be completed annually in a formal training session or through online education.

(i) Each entity shall maintain records on the training completed by each entity employee and volunteer under this section.

(j) An entity, entity employee or volunteer, or other person who in good faith acts or fails to act as authorized under this section, including by administering an opioid antagonist as authorized in a policy adopted under this section, is immune from civil or criminal liability or disciplinary action resulting from that act or failure to act, including:

(1) supervising or delegating the administration of an opioid antagonist;

(2) possessing, maintaining, storing, or disposing of an opioid antagonist;

(3) administering, or assisting in the administration of, an opioid antagonist;

(4) providing training, consultation, or advice in the development, adoption, or implementation of policies, guidelines, or plans; or

(5) any other act authorized or required under this section.

(k) The immunities and protections provided by this section are in addition to other immunities or limitations of liability provided by law.

(l) Notwithstanding any other law, this section does not create a civil, criminal, or administrative cause of action or liability or create a standard of care, obligation, or duty that provides a basis for a cause of action for an act or omission under this section. A cause of action does not arise from an act or omission described by this section.

(m) An act or failure to act by an entity employee or volunteer under this section, including an act or failure to act under related entity policies and procedures, is the exercise of judgment or discretion on the part of the entity employee or volunteer and is not considered to be a ministerial act for purposes of liability of the entity.

SECTION 2. This Act takes effect September 1, 2025.