Bill Text: TX HB3540 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to overdose mapping by a local health authority or a law enforcement agency for public safety purposes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-16 - Referred to Homeland Security & Public Safety [HB3540 Detail]

Download: Texas-2023-HB3540-Introduced.html

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88R13436 CJD-D
By: Lujan H.B. No. 3540

A BILL TO BE ENTITLED
AN ACT
relating to overdose mapping by a local health authority or a law
enforcement agency for public safety purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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) In this section:
(1) "Controlled substance" has the meaning assigned by
Section 481.002, Health and Safety Code.
(2) "Opioid antagonist" has the meaning assigned by
Section 483.101, Health and Safety Code.
(3) "Social media platform" has the meaning assigned
by Section 120.001, Business & Commerce Code.
(b) A local health authority or a law enforcement agency
located in a county with a population of more than two million may
enter into a participation agreement with an entity that maintains
a computerized system for mapping overdoses for public safety
purposes.
(c) A local health authority or law enforcement agency that
has entered into a participation agreement under Subsection (b)
shall:
(1) solicit and accept information regarding
overdoses occurring in the county; and
(2) provide information described by Subdivision (1)
to the entity with which the authority or agency has a participation
agreement under Subsection (b) for purposes of entering the
information into the computerized system.
(d) A local health authority or a law enforcement agency may
accept information described by Subsection (c)(1) from any credible
source, including from a social media platform.
(e) The following information regarding an overdose
incident, if known, must be entered into the computerized system:
(1) the date and time of the overdose incident;
(2) the GPS coordinates or approximate location of the
overdose incident;
(3) the suspected controlled substance involved in the
overdose incident;
(4) whether an opioid antagonist was administered and,
if so, the number of doses and type of delivery;
(5) whether the person who overdosed was transported
to the hospital;
(6) whether the overdose involved the operation of a
motor vehicle;
(7) whether multiple persons were involved in the
overdose incident;
(8) the sex and approximate age of each person
receiving treatment for an overdose; and
(9) whether the overdose was fatal or nonfatal.
(f) A person who provides information about an overdose
incident to a local health authority or law enforcement agency in
good faith under this section is not subject to civil or criminal
liability for providing the information.
(g) A law enforcement agency may use information provided or
received under this section only for mapping overdose locations for
public safety purposes.
(h) Information provided for purposes of overdose mapping
under this section is confidential and not subject to disclosure
under Chapter 552, Government Code.
(i) Section 181.154, Health and Safety Code, does not apply
to information provided, received, or used under this section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.