By: Deuell, Van de Putte  S.B. No. 188
         (In the Senate - Filed November 10, 2008; February 10, 2009,
  read first time and referred to Committee on Health and Human
  Services; March 9, 2009, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 7, Nays 2;
  March 9, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 188 By:  Deuell
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to disease control programs to reduce the risk of certain
  communicable diseases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 81, Health and Safety Code, is amended by
  adding Subchapter J to read as follows:
  SUBCHAPTER J.  PROGRAMS TO REDUCE RISK
  OF CERTAIN COMMUNICABLE DISEASES
         Sec. 81.401.  DISEASE CONTROL PROGRAMS.  (a)  A local health
  authority or an organization that contracts with a county,
  municipality, hospital district, or other local governmental
  entity charged with protecting the public health may establish a
  disease control program that:
               (1)  provides for the anonymous exchange of used
  hypodermic needles and syringes for an equal number of new
  hypodermic needles and syringes;
               (2)  offers education on the transmission and
  prevention of communicable diseases, including HIV, hepatitis B,
  and hepatitis C; and
               (3)  assists program participants in obtaining
  health-related services, including substance abuse treatment
  services and blood-borne disease testing.
         (b)  A local health authority or other organization
  operating a disease control 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 local health authority or other organization
  operating a disease control program authorized by this subchapter
  shall annually provide the department with information on the
  effectiveness of the program, the program's impact on reducing the
  spread of communicable diseases, including HIV, hepatitis B, and
  hepatitis C, and the program's effect on injected drug use in the
  area served by the local health authority.
         Sec. 81.402.  DISTRIBUTION OF NEEDLES AND SYRINGES TO
  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 program authorized by
  this subchapter.
         Sec. 81.403.  HANDLING OF NEEDLES AND SYRINGES.  (a)  The
  operator of a disease control program shall store hypodermic
  needles and syringes in a proper and secure manner. Only authorized
  employees or volunteers of the disease control program may have
  access to the hypodermic needles and syringes.  Program clients may
  obtain hypodermic needles and syringes only from an authorized
  employee or volunteer.
         (b)  The operator of a disease control program authorized by
  this subchapter shall store and dispose of used hypodermic needles
  and syringes in accordance with board rule.
         SECTION 2.  Section 481.125, Health and Safety Code, is
  amended by adding Subsection (g) to read as follows:
         (g)  It is a defense to prosecution under Subsections (a) and
  (b) that:
               (1)  the person manufactures hypodermic needles or
  syringes that are delivered or are to be delivered through a disease
  control program established under Subchapter J, Chapter 81; or
               (2)  the person:
                     (A)  uses, possesses, or delivers hypodermic
  needles or syringes that are delivered or are to be delivered
  through a disease control program established under Subchapter J,
  Chapter 81; and
                     (B)  presents evidence showing that the person is
  an employee, volunteer, or participant of the disease control
  program.
         SECTION 3.  The purpose of this Act is to authorize disease
  control programs to combat the spread of infectious and
  communicable diseases, including HIV, hepatitis B, and hepatitis C.
         SECTION 4.  (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 covered by the law in effect when the offense was committed,
  and the former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2009.
 
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