bill letting amusement parks and venues keep an overdose-reversal drug

The text as introduced · 790 words

89R9085 LRM-D

By: Vasut
H.B. No. 5521

A BILL TO BE ENTITLED

AN ACT

relating to the possession and administration of an opioid

antagonist by certain entities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 773, Health and Safety

Code, is amended by adding Section 773.018 to read as follows:

Sec. 773.018. POSSESSION AND ADMINISTRATION OF OPIOID

ANTAGONIST. (a) In this section, "live music venue" means a

business with a space for live music and a primary revenue source of

patron attendance to live music performances. The term includes a

concert hall and indoor or outdoor stadium.

(b) This section applies to:

(1) an amusement park, as defined by Section 46.03,

Penal Code;

(2) a live music venue;

(3) a sports venue, as defined by Section 504.151,

Local Government Code; and

(4) subject to Subsection (c), other entities the

executive commissioner by rule designates as an entity that

benefits from the possession and administration of opioid

antagonists.

(c) This section does not apply to a governmental entity.

(d) An entity subject to this section may adopt a policy

regarding the maintenance, administration, and disposal of opioid

antagonists. The policy must authorize the administration of an

opioid antagonist for a person reasonably believed to be

experiencing an opioid overdose on the entity's premises only by an

entity employee or volunteer who is authorized and trained to

administer the opioid antagonist.

(e) The executive commissioner shall adopt rules regarding

an entity's maintenance, administration, and disposal of opioid

antagonists under this section. The rules must establish:

(1) the number and dosages of the opioid antagonists

available at each entity;

(2) the process for each entity to regularly verify

its inventory of opioid antagonists for replacement of expired

opioid antagonists; and

(3) the training required for an entity employee or

volunteer to administer an opioid antagonist.

(f) Each entity that adopts a policy under Subsection (d)

must have at least one entity employee or volunteer authorized and

trained to administer an opioid antagonist present during all hours

the entity is open to the public or the population the entity

serves, as applicable.

(g) The entity's supply of opioid antagonists must:

(1) be stored in a secure location and in accordance

with the manufacturer's instructions; and

(2) be easily accessible to an entity employee or

volunteer who is authorized and trained to administer an opioid

antagonist.

(h) Each entity that adopts a policy under Subsection (d) is

responsible for training the entity's employees and volunteers in

the administration of an opioid antagonist. The training must:

(1) include information on:

(A) the signs and symptoms of an opioid overdose;

(B) the recommended opioid antagonist dosages

for an adult and a child;

(C) the administration of an opioid antagonist;

(D) the implementation of any necessary

emergency procedures after administration of an opioid antagonist;

and

(E) the proper disposal of a used or expired

opioid antagonist; and

(2) be completed annually in a formal training session

or through online education.

(i) Each entity shall maintain records on the training

completed by each entity employee and volunteer under this section.

(j) An entity, entity employee or volunteer, or other person

who in good faith acts or fails to act as authorized under this

section, including by administering an opioid antagonist as

authorized in a policy adopted under this section, is immune from

civil or criminal liability or disciplinary action resulting from

that act or failure to act, including:

(1) supervising or delegating the administration of an

opioid antagonist;

(2) possessing, maintaining, storing, or disposing of

an opioid antagonist;

(3) administering, or assisting in the administration

of, an opioid antagonist;

(4) providing training, consultation, or advice in the

development, adoption, or implementation of policies, guidelines,

or plans; or

(5) any other act authorized or required under this

section.

(k) The immunities and protections provided by this section

are in addition to other immunities or limitations of liability

provided by law.

(l) Notwithstanding any other law, this section does not

create a civil, criminal, or administrative cause of action or

liability or create a standard of care, obligation, or duty that

provides a basis for a cause of action for an act or omission under

this section. A cause of action does not arise from an act or

omission described by this section.

(m) An act or failure to act by an entity employee or

volunteer under this section, including an act or failure to act

under related entity policies and procedures, is the exercise of

judgment or discretion on the part of the entity employee or

volunteer and is not considered to be a ministerial act for purposes

of liability of the entity.

SECTION 2. This Act takes effect September 1, 2025.