Bill Text: TX HB4173 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to state overdose prevention and control efforts and the defense to prosecution for certain offenses involving possession of small amounts of controlled substances, marihuana, dangerous drugs, or abusable volatile chemicals, or possession of drug paraphernalia for defendants seeking assistance for a suspected overdose.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-04-17 - Left pending in committee [HB4173 Detail]

Download: Texas-2023-HB4173-Introduced.html

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88R10867 CJD-F
By: Klick H.B. No. 4173

A BILL TO BE ENTITLED
AN ACT
relating to state overdose prevention and control efforts and the
defense to prosecution for certain offenses involving possession of
small amounts of controlled substances, marihuana, dangerous
drugs, or abusable volatile chemicals, or possession of drug
paraphernalia for defendants seeking assistance for a suspected
overdose.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. OVERDOSE PREVENTION AND CONTROL
SECTION 1.01. Subtitle C, Title 6, Health and Safety Code,
is amended by adding Chapter 490 to read as follows:
CHAPTER 490. OVERDOSE PREVENTION AND CONTROL
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 490.001. DEFINITIONS. In this subchapter:
(1) "Application programming interface" means a set of
tools, definitions, and protocols for building and integrating
application software and service with different software programs.
(2) "Controlled substance" has the meaning assigned by
Section 481.002.
(3) "Department" means the Department of State Health
Services.
(4) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(5) "Information technology platform" means the
Overdose Detection Mapping Application Program or a similar system
that tracks overdose information for public safety purposes.
(6) "Opioid antagonist" has the meaning assigned by
Section 483.101.
SUBCHAPTER B. DATA COLLECTION AND REPORTING
Sec. 490.051. OVERDOSE MAPPING. (a) The department shall
develop an overdose mapping and response system in which a central
repository containing information about overdose incidents is
established and maintained using the information technology
platform.
(b) The department shall design the overdose mapping and
response system to avoid data entry duplication wherever possible.
The system may include one or more application programming
interfaces to transfer information about overdose incidents that
are reported to active databases in this state to the information
technology platform.
Sec. 490.052. OVERDOSE REPORTING. (a) A law enforcement
officer who responds to an overdose incident shall report
information about the incident to the information technology
platform as soon as possible but not later than 24 hours after the
incident.
(b) A person who administers emergency services and
responds to an overdose incident or transports a person
experiencing a confirmed or suspected overdose to a medical
facility shall report information about the incident to the
information technology platform as soon as possible but not later
than 24 hours after the incident.
(c) When a coroner, medical examiner, or other individual
responsible for determining the cause of death determines that the
death of a person was caused by an overdose, the coroner, medical
examiner, or other individual shall report information about the
overdose incident to the information technology platform, or give
the information to a person authorized to report it, as soon as
possible but not later than 24 hours after the determination of the
cause of death.
(d) A report under this section must include:
(1) the date and time of the overdose incident;
(2) the approximate location of the overdose incident;
(3) whether an opioid antagonist was administered, and
if so, the number of doses and the type of delivery;
(4) whether the overdose was fatal or nonfatal;
(5) the sex and approximate age of the person
suffering the overdose incident; and
(6) the suspected substance involved.
(e) A person who reports information about an overdose
incident under this subchapter in good faith is not subject to civil
or criminal liability for making the report unless the act
constitutes wilful or wanton negligence.
Sec. 490.053. OVERDOSE SPIKE RESPONSE PLANS. (a) The
department shall:
(1) identify parameters for identifying an overdose
spike throughout the state; and
(2) create overdose spike response plans that
coordinate the response of public health, public safety, and
emergency management agencies and officials, first responders,
community organizations, health care providers, and the media with
the goal of preventing and reducing the harm caused by overdose
spikes.
(b) In developing overdose spike response plans, the
department may:
(1) establish public safety, public health, and
behavioral health partnerships within the state;
(2) assist local communities in identifying
additional ways to use information about overdose incidents to
deploy public health, behavioral health, and public safety
responses to address specific geographic areas or high-risk
populations;
(3) assist in the distribution of opioid antagonists
throughout the state; and
(4) assist in implementing strategies to reduce drug
supply and demand, especially in high-risk areas and where there
are high volumes of high-risk populations.
Sec. 490.054. REPORT BY DEPARTMENT. Not later than
September 1 of each year, the department shall submit an annual
report to the legislature regarding the overdose mapping and
response system under this subchapter. The report must include:
(1) the number of overdose incidents reported and the
approximate locations where the overdose incidents occurred,
including any clusters of overdose incidents;
(2) the entities or individuals reporting information
about overdose incidents;
(3) the percentage of overdose incidents involving
fatal overdoses; and
(4) the manner in which the reported information about
overdose incidents was used for public health, behavioral health,
and public safety responses, the outcomes of those responses, and
the impact on affected communities.
Sec. 490.055. LIMITATIONS ON DATA USE. (a) Information
about overdose incidents reported to the overdose mapping and
response system by a person other than a law enforcement officer may
not be used for a criminal investigation or prosecution of any
person.
(b) Information about overdose incidents reported to, and
accessible through, the overdose mapping and response system is
confidential and is not subject to disclosure under Chapter 552,
Government Code.
SUBCHAPTER C. STATEWIDE OVERDOSE PREVENTION AND EDUCATION
Sec. 490.101. FENTANYL ADDICTION AND OVERDOSE PREVENTION
AND EDUCATION CAMPAIGN. (a) The department shall develop,
implement, and maintain an ongoing statewide prevention and
education campaign to address the fentanyl education needs in this
state.
(b) The campaign must include:
(1) information for the general public about fentanyl;
(2) precautionary measures to avoid risks and prevent
harm caused by fentanyl;
(3) resources for addiction treatment and services;
and
(4) information on laws regarding the manufacture,
delivery, possession, and use of fentanyl, including criminal
penalties and immunities for reporting an overdose.
(c) The department may use television advertisements, radio
broadcasts, print media, or any other media or digital strategies
necessary and appropriate to reach the target audience of the
campaign.
(c-1) The department shall provide at least five regional
training sessions during the first year of operation of the
campaign for community partners to implement youth health
development strategies. This subsection expires December 1, 2025.
(d) The department shall develop, implement, and maintain
an Internet website to serve as the state resource for the most
accurate and timely information regarding fentanyl. The website
must include the information described by Subsection (b).
Sec. 490.102. STATEWIDE SUBSTANCE ABUSE PREVENTION
COLLABORATIVE. (a) The department shall establish a Substance
Abuse Prevention Collaborative, composed of the number and
composition of members as determined by the executive commissioner
to be appropriate. The executive commissioner shall appoint members
from:
(1) institutions of higher education;
(2) nonprofit agencies;
(3) state agencies; and
(4) other stakeholders as determined by the executive
commissioner.
(b) The Substance Abuse Prevention Collaborative shall:
(1) gather feedback from stakeholders concerning
evidence-based overdose prevention practices;
(2) work with prevention specialists to provide and
support training to strengthen the state's prevention workforce;
(3) coordinate with and assist state agencies and
communities to strengthen prevention infrastructure;
(4) implement a statewide strategic plan for
prevention of substance use disorders;
(5) advance the use of tested and effective prevention
programs and practices through education, outreach, advocacy, and
technical assistance;
(6) direct efforts to raise public awareness of the
cost savings of prevention measures;
(7) provide direct training and technical assistance
to communities regarding the selection, implementation, and
sustainment of tested and effective prevention programs;
(8) provide recommendations to state agencies and
communities regarding innovative prevention programs and
practices;
(9) support funding efforts to align funding and
services and communicate with communities about funding
strategies;
(10) work with key state and community stakeholders to
establish minimum standards for prevention programs; and
(11) not later than September 1 of each year, submit an
annual report to the legislature of the collaborative's progress.
Sec. 490.103. STATE OVERDOSE PREVENTION GRANT PROGRAM. (a)
The department shall develop and implement a grant program to
prevent overdose deaths and reduce health risks associated with
substance abuse.
(b) To be eligible to receive a grant, an entity must be:
(1) a nonprofit organization that is in good standing
and registered with the Internal Revenue Service and the secretary
of state's office;
(2) a federally qualified health center or rural
health clinic, as defined by 42 U.S.C. Section 1396d(l); or
(3) a law enforcement agency.
(c) An eligible entity may submit an application on behalf
of a group of eligible entities, and apportion grant money
accordingly, to foster community collaboration and collective
impact.
(d) The department shall:
(1) develop additional eligibility criteria for grant
funding;
(2) review applications for funding; and
(3) award funding based on the developed criteria.
ARTICLE 2. DEFENSES TO CERTAIN CONTROLLED SUBSTANCE POSSESSION
OFFENSES
SECTION 2.01. Section 481.115(h), Health and Safety Code,
is amended to read as follows:
(h) The defense to prosecution provided by Subsection (g) is
not available if[:
[(1)] at the time the request for emergency medical
assistance was made:
(1) [(A)] a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(2) [(B)] the actor is committing another offense,
other than an offense punishable under Section 481.1151(b)(1),
481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
481.121(b)(1) or (2), or an offense under Section 481.119(b),
481.125(a), 483.041(a), or 485.031(a)[;
[(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 483 or 485;
[(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.1151(c), 481.116(f), 481.1161(c),
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
483.041(e), or 485.031(c); or
[(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person].
SECTION 2.02. Section 481.1151(d), Health and Safety Code,
is amended to read as follows:
(d) The defense to prosecution provided by Subsection (c) is
not available if[:
[(1)] at the time the request for emergency medical
assistance was made:
(1) [(A)] a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(2) [(B)] the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
481.121(b)(1) or (2), or an offense under Section 481.119(b),
481.125(a), 483.041(a), or 485.031(a)[;
[(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 483 or 485;
[(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.115(g), 481.116(f), 481.1161(c),
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
483.041(e), or 485.031(c); or
[(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person].
SECTION 2.03. Section 481.116(g), Health and Safety Code,
is amended to read as follows:
(g) The defense to prosecution provided by Subsection (f) is
not available if[:
[(1)] at the time the request for emergency medical
assistance was made:
(1) [(A)] a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(2) [(B)] the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
481.121(b)(1) or (2), or an offense under Section 481.119(b),
481.125(a), 483.041(a), or 485.031(a)[;
[(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 483 or 485;
[(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.115(g), 481.1151(c), 481.1161(c),
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
483.041(e), or 485.031(c); or
[(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person].
SECTION 2.04. Section 481.1161(d), Health and Safety Code,
is amended to read as follows:
(d) The defense to prosecution provided by Subsection (c) is
not available if[:
[(1)] at the time the request for emergency medical
assistance was made:
(1) [(A)] a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(2) [(B)] the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or
481.121(b)(1) or (2), or an offense under Section 481.119(b),
481.125(a), 483.041(a), or 485.031(a)[;
[(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 483 or 485;
[(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.115(g), 481.1151(c), 481.116(f),
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
483.041(e), or 485.031(c); or
[(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person].
SECTION 2.05. Section 481.117(g), Health and Safety Code,
is amended to read as follows:
(g) The defense to prosecution provided by Subsection (f) is
not available if[:
[(1)] at the time the request for emergency medical
assistance was made:
(1) [(A)] a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(2) [(B)] the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or
481.121(b)(1) or (2), or an offense under Section 481.119(b),
481.125(a), 483.041(a), or 485.031(a)[;
[(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 483 or 485;
[(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.115(g), 481.1151(c), 481.116(f),
481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
483.041(e), or 485.031(c); or
[(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person].
SECTION 2.06. Section 481.118(g), Health and Safety Code,
is amended to read as follows:
(g) The defense to prosecution provided by Subsection (f) is
not available if[:
[(1)] at the time the request for emergency medical
assistance was made:
(1) [(A)] a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(2) [(B)] the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or
481.121(b)(1) or (2), or an offense under Section 481.119(b),
481.125(a), 483.041(a), or 485.031(a)[;
[(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 483 or 485;
[(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.115(g), 481.1151(c), 481.116(f),
481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g),
483.041(e), or 485.031(c); or
[(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person].
SECTION 2.07. Section 481.119(d), Health and Safety Code,
is amended to read as follows:
(d) The defense to prosecution provided by Subsection (c) is
not available if[:
[(1)] at the time the request for emergency medical
assistance was made:
(1) [(A)] a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(2) [(B)] the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
481.118(b), or 481.121(b)(1) or (2), or an offense under Section
481.125(a), 483.041(a), or 485.031(a)[;
[(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 483 or 485;
[(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.115(g), 481.1151(c), 481.116(f),
481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g),
483.041(e), or 485.031(c); or
[(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person].
SECTION 2.08. Section 481.121(d), Health and Safety Code,
is amended to read as follows:
(d) The defense to prosecution provided by Subsection (c) is
not available if[:
[(1)] at the time the request for emergency medical
assistance was made:
(1) [(A)] a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(2) [(B)] the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or
481.118(b), or an offense under Section 481.119(b), 481.125(a),
483.041(a), or 485.031(a)[;
[(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 483 or 485;
[(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.115(g), 481.1151(c), 481.116(f),
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.125(g),
483.041(e), or 485.031(c); or
[(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person].
SECTION 2.09. Section 481.125(h), Health and Safety Code,
is amended to read as follows:
(h) The defense to prosecution provided by Subsection (g) is
not available if[:
[(1)] at the time the request for emergency medical
assistance was made:
(1) [(A)] a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(2) [(B)] the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
481.118(b), or 481.121(b)(1) or (2), or an offense under Section
481.119(b), 483.041(a), or 485.031(a)[;
[(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 483 or 485;
[(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.115(g), 481.1151(c), 481.116(f),
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
483.041(e), or 485.031(c); or
[(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person].
SECTION 2.10. Section 483.041(f), Health and Safety Code,
is amended to read as follows:
(f) The defense to prosecution provided by Subsection (e) is
not available if[:
[(1)] at the time the request for emergency medical
assistance was made:
(1) [(A)] a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(2) [(B)] the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
481.118(b), or 481.121(b)(1) or (2), or an offense under Section
481.119(b), 481.125(a), or 485.031(a)[;
[(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 481 or 485;
[(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.115(g), 481.1151(c), 481.116(f),
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
481.125(g), or 485.031(c); or
[(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person].
SECTION 2.11. Section 485.031(d), Health and Safety Code,
is amended to read as follows:
(d) The defense to prosecution provided by Subsection (c) is
not available if[:
[(1)] at the time the request for emergency medical
assistance was made:
(1) [(A)] a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(2) [(B)] the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
481.118(b), or 481.121(b)(1) or (2), or an offense under Section
481.119(b), 481.125(a), or 483.041(a)[;
[(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 481 or 483;
[(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.115(g), 481.1151(c), 481.116(f),
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
481.125(g), or 483.041(e); or
[(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person].
ARTICLE 3. STUDY ON FENTANYL
SECTION 3.01. (a) The Department of Public Safety, in
consultation with the Health and Human Services Commission, shall
conduct a study regarding the use of the Internet, including
retail, payment, and social media platforms, for the purpose of
distributing fentanyl, alpha-methylfentanyl, any other derivative
of fentanyl, synthetic opiates, and counterfeit prescription
drugs. The study must:
(1) examine the prevalence of the availability and
accessibility of fentanyl, alpha-methylfentanyl, any other
derivative of fentanyl, synthetic opiates, and counterfeit
prescription drugs through the Internet;
(2) identify Internet website policies and practices
intended to prevent the use of a website for distributing fentanyl,
alpha-methylfentanyl, any other derivative of fentanyl, synthetic
opiates, and counterfeit prescription drugs;
(3) identify laws implemented by other states or the
federal government intended to prevent the use of the Internet for
distributing fentanyl, alpha-methylfentanyl, any other derivative
of fentanyl, synthetic opiates, and counterfeit prescription
drugs; and
(4) examine any other relevant data, information, or
resource concerning the use of the Internet for distributing
fentanyl, alpha-methylfentanyl, any other derivative of fentanyl,
synthetic opiates, and counterfeit prescription drugs.
(b) Not later than September 1, 2024, the Department of
Public Safety shall report the results of the study conducted under
Subsection (a) of this section to the governor, the lieutenant
governor, the speaker of the house of representatives, and the
standing committees of the senate and the house of representatives
that have jurisdiction over drug trafficking and health care
issues. The report must include recommendations for legislation:
(1) to prevent the use of the Internet for
distributing fentanyl, alpha-methylfentanyl, any other derivative
of fentanyl, synthetic opiates, and counterfeit prescription
drugs;
(2) imposing criminal and civil liability for the use
of the Internet for distributing fentanyl, alpha-methylfentanyl,
any other derivative of fentanyl, synthetic opiates, and
counterfeit prescription drugs;
(3) creating consumer reporting mechanisms for
reporting to law enforcement the use of an Internet website or
online account for distributing fentanyl, alpha-methylfentanyl,
any other derivative of fentanyl, synthetic opiates, and
counterfeit prescription drugs; and
(4) implementing any other public policy changes
necessary to reduce or eliminate the use of the Internet for
distributing fentanyl, alpha-methylfentanyl, any other derivative
of fentanyl, synthetic opiates, and counterfeit prescription
drugs.
(c) This section expires January 1, 2025.
ARTICLE 4. TRANSITIONS; EFFECTIVE DATE
SECTION 4.01. (a) Not later than September 1, 2024, the
Department of State Health Services shall develop the overdose
mapping and response system as required by Section 490.051, Health
and Safety Code, as added by this Act.
(b) Not later than September 1, 2024, the Department of
State Health Services shall develop the overdose spike response
plans as required by Section 490.053, Health and Safety Code, as
added by this Act.
(c) Not later than September 1, 2024, the Department of
State Health Services shall develop and implement the Fentanyl
Addiction and Overdose Prevention and Education Campaign as
required by Section 490.101, Health and Safety Code, as added by
this Act.
(d) Not later than September 1, 2024, the executive
commissioner of the Health and Human Services Commission shall
appoint the members to the Substance Abuse Prevention Collaborative
as required by Section 490.102, Health and Safety Code, as added by
this Act.
(e) Not later than September 1, 2024, the Department of
State Health Services shall develop and implement the state
overdose prevention grant program as required by Section 490.103,
Health and Safety Code, as added by this Act.
SECTION 4.02. The changes in law made by this Act to
Chapters 481, 483, and 485, Health and Safety Code, apply 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 on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 4.03. This Act takes effect September 1, 2023.