HB3174 - Relating to county and hospital district disease control pilot programs to reduce the risk of certain infectious and communicable diseases; authorizing fees.

      By: Rose, Moody, Collier, Manuel, H.B. No. 3174       Jones of Dallas     A BILL TO BE ENTITLED   AN ACT   relating to county and hospital district disease control pilot   programs to reduce the risk of certain infectious and communicable   diseases; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Honorable Ruth Jones   McClendon Act.          SECTION 2.  (a)  The legislature finds drug abuse has been a   tragedy for many Texas families, and for individuals addicted to   drugs the receipt of education about and treatment for addiction is   imperative. Cooperation with community-based and faith-based   organizations creates a network of support for Texas families and   the opportunity to intervene in drug addiction. Members of   community-based and faith-based organizations have a strong desire   to compassionately preserve lives and help those stricken with   disease and drug addiction.          (b)  Allowing the operation of disease control pilot   programs will reduce the transmission of blood-borne diseases,   including HIV/AIDS, hepatitis B, and hepatitis C, and provide   program participants with referrals to appropriate health and   social services. A pilot program established under this Act may   provide necessary access to primary health care, ensure safe and   sterile disposal of used syringes and needles, and protect the   public health. Pilot program goals may include reduced rates of   intravenous drug use and a reduced number of injuries to innocent   victims, first responders, and law enforcement caused by needle   sticks from improperly disposed needles. Additionally, it is the   intent of the legislature for a pilot program to increase access to   substance abuse treatment services, increase the likelihood of   successful treatments for addiction, and protect the public health   and safety.          SECTION 3.  Section 526.0056, Government Code, as effective   April 1, 2025, is amended to read as follows:          Sec. 526.0056.  PILOT PROGRAM TO PREVENT SPREAD OF   INFECTIOUS AND [ OR ] COMMUNICABLE DISEASES.  The commission may   provide guidance to the counties and hospital districts in those   counties that establish [ local health authority of Bexar County in   establishing ] a disease control pilot program under Subchapter K,   Chapter 81, Health and Safety Code, [ funded by the county ] to   prevent the spread of HIV, hepatitis B, hepatitis C, and other   infectious and communicable diseases. The program may include a   disease control outreach program that provides for the anonymous   exchange of used hypodermic needles and syringes.          SECTION 4.  Chapter 81, Health and Safety Code, is amended by   adding Subchapter K to read as follows:   SUBCHAPTER K. PILOT PROGRAM TO REDUCE RISK OF CERTAIN INFECTIOUS   AND COMMUNICABLE DISEASES           Sec.   81.501.     APPLICABILITY OF SUBCHAPTER. This subchapter   applies only to Bexar, Dallas, El Paso, Harris, Nueces, Travis, and   Webb Counties and hospital districts in those counties.           Sec.   81.502.     DISEASE CONTROL PILOT PROGRAM. (a) A county   or hospital district may establish a disease control pilot program   under this subchapter to prevent the spread of infectious and   communicable diseases, including HIV, hepatitis B, and hepatitis C.   The pilot program may include disease control outreach programs   that:                 (1)     provide for the anonymous exchange of used   hypodermic needles and syringes for an equal number of new   hypodermic needles and syringes;                 (2)     offer education on the transmission and prevention   of infectious and communicable diseases, including HIV, hepatitis   B, and hepatitis C; and                 (3)     assist program participants in obtaining health   care and other physical and mental health-related services,   including substance abuse treatment services and blood-borne   disease testing.           (b)     A county or hospital district may register an   organization to operate the disease control pilot program and   distribute hypodermic needles and syringes to control the spread of   certain blood-borne communicable diseases. The county or hospital   district may charge the organization a registration fee in an   amount reasonable and necessary to cover the costs of registration   oversight, including coordination with law enforcement personnel.           (c)     A registered organization may charge a program   participant a fee for each hypodermic needle or syringe used in the   program not to exceed 150 percent of the actual cost to the   organization of the hypodermic needle or syringe.           (d)     A registered organization shall annually provide to the   department and the county or hospital district with which the   organization is registered information on:                 (1)     the effectiveness of the disease control pilot   program;                 (2)     the program's impact on reducing the spread of   infectious and communicable diseases, including HIV, hepatitis B,   and hepatitis C; and                 (3)     the program's effect on injected drug use by   individuals residing within the county or hospital district.           Sec.   81.503.     DISTRIBUTION OF NEEDLES AND SYRINGES TO PILOT   PROGRAM. A person licensed as a wholesale drug distributor or   device distributor under Chapter 431 may distribute hypodermic   needles and syringes to a disease control pilot program authorized   by this subchapter.           Sec.   81.504.     HANDLING OF NEEDLES AND SYRINGES. An   organization registered as provided by Section 81.502:                 (1)     shall store hypodermic needles and syringes in a   proper and secure manner and allow only authorized employees or   volunteers of the organization's disease control pilot program to   access the hypodermic needles and syringes;                 (2)     may include hypodermic needles and syringes in   packaged safe kits made available to program participants through   the program;                 (3)     may provide hypodermic needles, syringes, and safe   kits to program participants only through an authorized employee or   volunteer of the program; and                 (4)     shall store and dispose of used hypodermic needles   and syringes in accordance with applicable state laws and   administrative rules governing the safe and proper disposal of   medical waste.           Sec.   81.505.     FUNDING. Except to the extent specifically   prohibited by law, an organization registered to operate a disease   control pilot program as provided by Section 81.502 may solicit or   accept gifts, grants, or donations to fund the program.           Sec.   81.506.     EXPIRATION. This subchapter expires September   1, 2035.          SECTION 5.  Section 481.125, Health and Safety Code, is   amended by adding Subsections (j), (k), (l), and (m) to read as   follows:           (j)     Subsections (a) and (b) do not apply to a person who   possesses or delivers a hypodermic needle or syringe for a medical   purpose. For the purposes of this subsection, "medical purpose"   includes the exchange of a hypodermic needle or syringe for a used   hypodermic needle or syringe in a disease control pilot program   described by Subchapter K, Chapter 81.           (k)     Subsections (a) and (b) do not apply to a person who   possesses or manufactures hypodermic needles or syringes for   delivery to a disease control pilot program described by Subchapter   K, Chapter 81.           (l)     Subsections (a) and (b) do not apply to a person who is   an employee, volunteer, duly authorized agent, or program   participant of a disease control pilot program described by   Subchapter K, Chapter 81, and uses, possesses, or delivers a   hypodermic needle or syringe as part of the program.           (m)     This subsection and Subsections (j), (k), and (l) expire   September 1, 2035.            SECTION 6.  The change to Section 481.125, Health and Safety   Code, made by this Act applies 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 when   the offense was committed, and the former law is continued in effect   for that purpose. For purposes of this section, an offense is   committed before the effective date of this Act if any element of   the offense occurs before the effective date.          SECTION 7.  This Act takes effect September 1, 2025.