Legislative History of Syringe Access Bills in Texas

After considering various forms of syringe access legislation from 1993 through 2005, the Texas legislature decided in 2007 to authorize pilot syringe access programs in Bexar County.

In 1993 Representative Glen Maxey filed a bill to establish a pilot syringe exchange and monitoring program that if passed would have started in one of the five municipalities with the highest incidences of reported AIDS cases at that time. During each subsequent regular session at least one piece of legislation attempting to allow for the creation of sterile syringe exchange programs has been filed. Scroll down this page to find links to each piece of legislation.

Most Recent Legislation

During the 2011 session of the Texas Legislature, one bill was filed in the House relating to disease control programs.  House Bill 117 was filed by Representative Ruth Jones McClendon.  Despite having large bipartisan support and Coauthorship, the bill did not move in the House.  The Public Health Committee Chair refused to schedule the bill for a hearing, despite letters of support from individuals, organizations, and law enforcement across Texas requesting that the bill be considered.

During the 2009 session of the Texas Legislature, four bills were filed in the House and Senate relating to disease control programs to reduce the risk of certain communicable diseases. Senate Bill 188 by Senator Bob Deuell (R - Greenville), House Bill 142 by Representative Ruth Jones McClendon (D - San Antonio), House Bill 272 by Representative Soloman Ortiz, Jr. (D - Corpus Christi) and House Bill 3707 by Representative Garnet Coleman (D - Houston). 

Senator Leticia Van de Putte (pictured left) listens to Representative Ruth Jones McClendon during the 2007 session of the Texas Legislature.

All four bills aim to provide an defense to prosecution under current law if a person is found manufacturing needles that are delivered or are to be delivered through an authorized exchange program, or if a person uses, possesses, or delivers needles that are delivered or are to be delivered through the program and presents evidence showing that the person is an employee, volunteer, or participant of the program.

The legislation intend to authorize a local health authority to charge a fee for the needle exchange that does not exceed 150 percent of the actual cost of the needles. Each piece of legislation would also require a local health authority to annually provide the Texas Department of Health with information on the effectiveness of the program, the program's impact on reducing the spread of certain communicable disease, and the program's effect on injected drug use in the area served by the local health authority.

The bills would authorize a person licensed as a wholesale drug distributor or device distributor, under Chapter 431 of the Health and Safety Code, to distribute needles and syringes to authorized programs. Then the operator of the program would be required to store the needles and syringes in a proper and secure manner, and to ensure that only authorized employees or volunteers of the program have access to the needles and syringes.

Representative Solomon Ortiz Jr.

Clients of the authorized programs would only be able to obtain the clean needles and syringes from authorized employees or volunteers. The operator of the program would then be required to store and dispose of the used needles and syringes they receive in the exchange in accordance with the rules that would be developed by the Texas Board of Health.

House Bill 272 also calls for educational materials and information on the safe disposal of syringes to be available in English and Spanish.

Senator Bob Deuell