Community Access

Can I provide input on spending?

• 70% Opioid Abatement Fund share: Not… yet? (not required).[1] Though the Texas Opioid Abatement Fund Council is not required to seek public input on uses of the Opioid Abatement Fund, the Council has stated that “[p]ublic comment on the Council's work will be solicited on an ongoing basis,” and that if a Council meeting includes an opportunity for public comment, the “agenda and instructions to register will be on the meeting notice posted on the Texas Register at least seven days before the meeting date.”[2] However, of the ten Council meetings held between August 2022 and August 2024, only one — its first on August 9, 2022 — included a dedicated public comment period on the agenda.

  • Members of the public can request a meeting with the Council’s staff or share feedback by emailing [e-mail].

• 15% local share: Generally, yes. Though local governments are not required to seek public input as to opioid settlement spending specifically, the Texas’ Open Meetings Act requires that they accept public comments during their public meetings.[3] Take advantage of this requirement by showing up to meetings of your city council or county commissioners and offering comments on local settlement spending.[4], [5]

• 15% state share: No opportunities available (not required).[6] The state has not established recurring opportunities for the public to provide input on uses of its 15% share.[7]

Can I apply for grants?

Yes. Visit the Texas Opioid Abatement Fund Council’s website to view current grant opportunities from the 70% Opioid Abatement Fund Share.[8] Local governments may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the Opioid Settlement Community Grants Portal (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations.

Where do I go for updates?

• For updates on the Opioid Abatement Fund share, visit the Texas Abatement Fund Council’s website, which provides an email sign-up link to “receive future newsletters and the latest Opioid Council news, updates and resources.”

• A single resource containing updates specific to the state share could not be found.[9]

• To find updates on the local share, a good starting point is to check the websites for your Commissioners Court, city council, or local health department (See, e.g., the City of McKinney’s opioid settlement webpage).

What else should I know?

Not applicable.

Citations

1. The Texas Open Meetings law generally requires governmental bodies to allow for public testimony, but this provision is unlikely to apply to the Texas Opioid Abatement Fund Council. See Tex. Gov’t Code Sec. 551.007(b) (requiring governmental body to allow public comment); Tex. Gov’t Code Sec. 551.007(a) (limiting this requirement to a “governmental body described by Sections 551.001(3)(B)-(L)”); Tex. Gov’t Code Sec. 551.001(3)(A) (“a board, commission, department, committee, or agency within the executive or legislative branch of state government that is directed by one or more elected or appointed members”). ↑

2. Opioid Abatement Frequently Asked Questions (see “How does the community give input for spending funds?”).Texas Opioid Abatement Fund Council. Accessed September 1, 2024. ↑

3. Tex. Gov’t Code Sec. 551.007(a)-(b); Tex. Gov’t Code Sec. 551.001(3)(B)-(L). ↑

4. Note that this may only be possible when settlement spending is related to an item on a meeting agenda. See Tex. Gov’t Code Sec. 551.007(b) (“A governmental body shall allow each member of the public who desires to address the body regarding an item on an agenda for an open meeting of the body to address the body regarding the item at the meeting before or during the body’s consideration of the item”) (emphasis added). ↑

5. The state of Texas has pointed to additional provisions of law in in its communications with Vital Strategies and OpioidSettlementTracker.com that it considers relevant to this section of the guide. See Tex. Loc. Gov’t Code Secs. 102.006, 111.007, 111.038, and 111.067. ↑

6. The State of Texas has disagreed with this categorization in its communications with Vital Strategies and OpioidSettlementTracker.com. See Community Guides Methodology. ↑

7. If you see this change, email [e-mail]. ↑

8. Texas Opioid Abatement Fund Council (“Programs”). Texas Comptroller of Public Accounts website. Accessed September 1, 2024. ↑

9. If you see this change, email [e-mail]. ↑