Bill Text: TX SB1319 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the reporting of certain overdose information and the mapping of overdoses for public safety purposes.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-05-24 - Effective on 9/1/23 [SB1319 Detail]
Download: Texas-2023-SB1319-Enrolled.html
| S.B. No. 1319 | ||
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| relating to the reporting of certain overdose information and the | ||
| mapping of overdoses for public safety purposes. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter E, Chapter 161, Health and Safety | ||
| Code, is amended by adding Section 161.045 to read as follows: | ||
| Sec. 161.045. MANDATORY REPORTING OF CONTROLLED SUBSTANCE | ||
| OVERDOSES FOR PUBLIC SAFETY MAPPING. (a) In this section: | ||
| (1) "Controlled substance" has the meaning assigned by | ||
| Section 481.002. | ||
| (2) "Emergency medical services personnel" has the | ||
| meaning assigned by Section 773.003. | ||
| (3) "Opioid antagonist" has the meaning assigned by | ||
| Section 483.101. | ||
| (4) "Overdose" means an acute condition caused by | ||
| abuse or misuse of a controlled substance evidenced by symptoms | ||
| such as extreme physical illness, decreased level of consciousness, | ||
| respiratory depression, coma, or death. | ||
| (b) This section applies only to emergency medical services | ||
| personnel operating within the geographical jurisdiction of a local | ||
| health authority or law enforcement agency, as applicable, that has | ||
| entered into a participation agreement for overdose mapping under | ||
| Section 370.007, Local Government Code. | ||
| (c) A person to whom this section applies who responds to an | ||
| overdose incident shall report information about the incident as | ||
| soon as possible to the local health authority or law enforcement | ||
| agency, as applicable, that has entered into the participation | ||
| agreement under Section 370.007, Local Government Code. A person | ||
| satisfies the requirements of this section by reporting information | ||
| to either the appropriate local health authority or law enforcement | ||
| agency. | ||
| (d) A report under this section must include, if possible: | ||
| (1) the date and time of the overdose incident; | ||
| (2) the approximate location of the overdose incident, | ||
| using: | ||
| (A) an address; | ||
| (B) the latitude and longitude of the location; | ||
| or | ||
| (C) the location data from a cellular device; | ||
| (3) whether an opioid antagonist was administered, and | ||
| if so, the number of doses and the type of delivery; and | ||
| (4) whether the overdose was fatal or nonfatal. | ||
| (e) A person who reports information about an overdose | ||
| incident under this section in good faith is not subject to civil or | ||
| criminal liability for making the report. | ||
| (f) A law enforcement agency may use information received | ||
| from a report under this section only for mapping overdose | ||
| locations for public safety purposes. | ||
| (g) Information in a report described by this section is | ||
| confidential and not subject to disclosure under Chapter 552, | ||
| Government Code. | ||
| SECTION 2. Chapter 370, Local Government Code, is amended | ||
| by adding Section 370.007 to read as follows: | ||
| Sec. 370.007. PARTICIPATION AGREEMENT FOR OVERDOSE | ||
| MAPPING. (a) A local health authority or law enforcement agency | ||
| shall enter into a participation agreement with an entity that | ||
| maintains a computerized system for mapping overdoses of one or | ||
| more controlled substances for public safety purposes. | ||
| (b) A local health authority or law enforcement agency shall | ||
| provide information received under Section 161.045, Health and | ||
| Safety Code, to the entity with which the authority or agency has a | ||
| participation agreement under Subsection (a) for purposes of | ||
| entering the information into the computerized system. The local | ||
| health authority or law enforcement agency is not required to | ||
| provide information received under Section 161.045, Health and | ||
| Safety Code, regarding a controlled substance to the entity with | ||
| which the authority or agency has a participation agreement if the | ||
| entity does not maintain an overdose map that includes the | ||
| controlled substance. | ||
| (c) A local health authority or law enforcement agency or an | ||
| employee of a local health authority or law enforcement agency is | ||
| not subject to civil or criminal liability for providing | ||
| information received under Section 161.045, Health and Safety Code, | ||
| to an entity pursuant to a participation agreement under this | ||
| section. | ||
| (d) Information provided to an entity pursuant to a | ||
| participation agreement under this section is confidential and not | ||
| subject to disclosure under Chapter 552, Government Code. | ||
| (e) This section does not waive sovereign immunity to suit | ||
| or liability. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 1319 passed the Senate on | ||
| March 15, 2023, by the following vote: Yeas 30, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 1319 passed the House on | ||
| May 11, 2023, by the following vote: Yeas 126, Nays 12, | ||
| one present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
