88R25525 CJD-D     By: Turner, Lujan, Harless H.B. No. 3480     Substitute the following for H.B. No. 3480:     By:  Bowers C.S.H.B. No. 3480       A BILL TO BE ENTITLED   AN ACT   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.