83R13651 SCL-F
	By: McClendon, Naishtat, Coleman,	H.B. No. 3238
	J. Davis of Harris, Zerwas
	Substitute the following for H.B. No. 3238:
	By:  Farias	C.S.H.B. No. 3238

	A BILL TO BE ENTITLED
	AN ACT
	relating to disease control pilot programs to reduce the risk of
	certain communicable diseases; authorizing a fee.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The legislature finds that because drug abuse
	has been a tragedy for many Texas families, it is imperative that
	individuals addicted to drugs receive education and treatment for
	addiction. Working 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 work to preserve lives and offer help to those
	stricken with disease and drug addiction.
	Allowing for the operation of disease control pilot programs
	will reduce the transmission of bloodborne diseases, such as
	HIV/AIDS, hepatitis B, and hepatitis C, and provide clients with
	referrals to appropriate health and social services. A pilot
	program created 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. In addition,
	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 due to needle sticks from
	improperly disposed-of needles. Additionally, it is the intent of
	the legislature that there will be increased access to drug
	treatment centers, an increased likelihood of successful treatment
	for addiction, and increased protection of public health and
	safety.
	SECTION 2.  Section 531.0972, Government Code, is amended to
	read as follows:
	Sec. 531.0972.  PILOT PROGRAM TO PREVENT THE SPREAD OF
	CERTAIN INFECTIOUS OR COMMUNICABLE DISEASES. The commission may
	provide guidance to the counties and the hospital districts in
	those counties that establish [the local health authority of Bexar
	County in establishing] a pilot program under Subchapter J, 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
	program that provides for the anonymous exchange of used hypodermic
	needles and syringes.
	SECTION 3.  Chapter 81, Health and Safety Code, is amended by
	adding Subchapter J to read as follows:
	SUBCHAPTER J. PILOT PROGRAMS TO REDUCE RISK OF CERTAIN
	COMMUNICABLE DISEASES
	Sec. 81.401.  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. 81.402.  DISEASE CONTROL PILOT PROGRAMS. (a)  A county,
	a hospital district in the county, or an organization that
	contracts with a county or hospital district to operate a program
	under this subchapter may establish a disease control pilot program
	to prevent the spread of HIV, hepatitis B, hepatitis C, and other
	infectious and communicable diseases. The 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 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 bloodborne
	disease testing.
	(b)  A county, hospital district, or other organization
	operating a disease control pilot program authorized by this
	subchapter may charge a participant in the program a fee for each
	hypodermic needle or syringe used in the program not to exceed 150
	percent of the actual cost of the hypodermic needle or syringe.
	(c)  A county, hospital district, or other organization
	operating a disease control pilot program authorized by this
	subchapter shall annually provide the department with information
	on:
	(1)  the effectiveness of the program;
	(2)  the program's impact on reducing the spread of
	communicable diseases, including HIV, hepatitis B, and hepatitis C;
	and
	(3)  the program's effect on injected drug use in the
	area served by the county or hospital district.
	Sec. 81.403.  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. 81.404.  HANDLING OF NEEDLES AND SYRINGES. (a)  In
	this section, "safe kit" means a package given by a disease control
	pilot program to a program participant that may include:
	(1)  alcohol swabs;
	(2)  a condom;
	(3)  cotton swabs;
	(4)  a hypodermic needle or syringe; and
	(5)  a tourniquet.
	(b)  The operator of a disease control pilot program shall
	store hypodermic needles and syringes in a proper and secure
	manner. Only authorized employees or volunteers of the program may
	have access to the hypodermic needles and syringes. The hypodermic
	needles and syringes may be included in safe kits made available
	through the program. Program clients may obtain hypodermic needles
	and syringes and safe kits only from an authorized employee or
	volunteer.
	(c)  The operator of a disease control pilot program
	authorized by this subchapter shall store and dispose of used
	hypodermic needles and syringes in accordance with department rule.
	Sec. 81.405.  FUNDING. (a) Except to the extent
	specifically prohibited by law, a county or hospital district may
	use public money to fund a disease control pilot program under
	Section 81.402(a).
	(b)  Except to the extent specifically prohibited by law, a
	county or hospital district may solicit or accept gifts, grants, or
	donations to fund a disease control pilot program under Section
	81.402(a).
	Sec. 81.406.  EXPIRATION.  This subchapter expires on
	September 1, 2023.
	SECTION 4.  Section 481.125, Health and Safety Code, is
	amended by adding Subsections (g), (h), and (i) to read as follows:
	(g)  It is an exception to the application of Subsections (a)
	and (b) that the person dispenses 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 program
	described by Subchapter J, Chapter 81.
	(h)  It is an exception to the application of Subsections (a)
	and (b) that the person manufactures hypodermic needles or syringes
	for delivery to a disease control pilot program described by
	Subchapter J, Chapter 81.
	(i)  It is an exception to the application of Subsections (a)
	and (b) that the person is an employee, volunteer, duly authorized
	agent, or participant of a disease control pilot program described
	by Subchapter J, Chapter 81, and uses, possesses, or delivers a
	hypodermic needle or syringe as part of the program.
	SECTION 5.  (a)  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. 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.
	(b)  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.
	SECTION 6.  This Act takes effect September 1, 2013.