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.