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Click here to read the House Research Organization’s updated bill analysis for SB 188http://www.hro.house.state.tx.us/PDF/ba81R/SB0188.PDF
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The Access Project’s mission is to educate Texans about the benefits of allowing local options for setting up public or privately funded disease prevention programs including syringe exchange. If passed, SB 188 would allow such programs to operate in 12 counties in Texas.



SB 188


by Senators Deuell, Van de Putte, Hinojosa, Wentworth, West, Zaffarini


Sponsored by Representatives Coleman, McClendon, Ortiz, Zerwas, S. King, Naishtat, Strama


SB 188 gives local options for life-saving disease prevention - it doesn't mandate or fund any program.


Today state law ties the hands of local governments and private charities.  They can not use this proven life-saving program because a state mandate criminalizes the program.  A 73-year-old chaplain is currently being prosecuted.  He faces one year of incarceration unless this legislation is passed.


SB 188 would allow local governments in Texas to choose whether or not to authorize these disease prevention programs in the local area, and to choose whether or not to use tax funds to pay for the programs. Several churches and charities would like to fund the programs privately without any tax dollars - but right now state law says "no."


Save millions of state and local tax dollars.

By preventing hundreds if not thousands of cases of HIV, Hep C, and other diseases in Texas, this legislation will save millions in health care costs which are currently the burden of all Texans through state tax-funded healthcare, local tax-funded healthcare, and private health providers.  Our healthcare costs are exploding.  We can not afford to ignore simple money-saving measures like this one.  We can save hundreds of thousands of dollars by spending ten cents (the cost of one clean syringe.)


The Texas Department of State Health Services found that we will save $38 million in state tax-funded healthcare costs alone for each year these programs are in effect.  This doesn't include most of the savings, which will be realized at the local level by our county hospital districts and local providers.


Save first responders and other innocent victims' lives.


The Combined Law Enforcement Association of Texas (CLEAT), Texas Sheriffs, Texas Constables, Police Chiefs and other first responders support this bill because it will save first responders' lives.


Testimony in committee illustrated how these programs will save the lives of EMS workers, health providers, the family members of drug users, children who find dirty needles and other innocent Texans who are stuck by dirty needles.  In Austin, four kindergartners were recently stuck with a dirty needle on the playground and they had to suffer through a painful course of preventative treatment as a result.


Constable and career narcotics officer Jimmy Willburn testified in committee:


  1. “My partners were stuck with needles when we were executing search warrants. As a constable in Precinct 2, two of my people were stuck with needles,” he said. “The fact of the matter is, if these people are distributing these needles, it’s going to be better for the police officers.”


This program saves lives.


It is 100% undisputed that syringe exchange programs save lives. HIV, Hep C and other blood-borne diseases continue to claim the lives of Texans every year, and one of the largest groups of people who spread these diseases are injection drug users.  Syringe exchange programs are the #1 method, proven in study after study across the nation, to stop this group of people from spreading these deadly diseases.


The Texas Department of State Health Services concluded that 100 new cases of HIV could be prevented in the first year of implementation if this legislation becomes law.  That estimate is low because it only includes one disease and is only for the first year of implementation.


According to the Texas Department of State Health Services, the programs do not increase drug use but do increase the use of drug treatment.


TDSHS' online fact sheet states:  Numerous studies indicate that SEPs do not increase drug use or crime, but do increase the use of substance abuse treatment services.


Syringe exchange programs can become a drug user's only window into the functioning world. As they exchange their syringes, they are offered a path to recovery at the same time. Numerous studies show that users choose to enter recovery, and many successfully recover, by accepting the invitation to treatment which they were only offered in one place time after time - their syringe exchange program.


SB 188 will:


•allow local entities to authorize a privately-funded or local tax-funded program in their area

•offer education and a path to treatment and recovery to every client of the program

•require programs to exchange a dirty syringe for every safe and clean one they provide

•require monitoring and reporting of each program so we know they are effective

•only apply to counties with over 300,000 residents