> For the complete documentation index, see [llms.txt](https://www.opioidsettlementguides.com/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://www.opioidsettlementguides.com/texas/decision-making/15-state-share.md).

# 15% State Share

### **Where do these monies live?**

Fifteen percent (15%) of the state’s opioid litigation proceeds are held in the Opioid Abatement Account and appropriated to state agencies.\[1]

*Note:* Texas’ allocations of settlement funds between this Opioid Abatement Account and its Opioid Abatement Trust (which contains the state’s two other shares) are often settlement-specific.\[2] *See* [Distribution of Opioid Settlement Proceeds](https://comptroller.texas.gov/programs/opioid-council/funds/index.php#details) for more information.

### **What can this share be spent on?**

This share must be spent on a list of approved uses described in state law:\[3]

* prevention (“such as school-based prevention”)
* efforts to “prevent or reduce deaths … from opioid-related harms” (including making naloxone available to a wide-ranging list of eligible recipients)\[4]
* training on OUD treatment (including “medical detoxification” and “diversion control,” among other “best practices”)\[5]
* OUD treatment, “with an emphasis on programs that provide a continuum of care”
* access to medication (including opioid agonists, partial agonists, and antagonists)
* efforts to reduce the “abuse or misuse” of prescription medications\[6]
* support for treatment alternatives (including “mobile health services and telemedicine … in rural areas”)\[7]
* efforts to address the needs of people involved in the criminal legal system
* and a catch-all category to “further any other purpose related to opioid abatement authorized by appropriation”\[8]

### **Who ultimately decides how to spend this share (and how)?**

***State legislature and state agencies decide*****.** The [Texas state legislature](https://capitol.texas.gov/) appropriates funds from this share to state agencies for spending on the nine approved strategies described above.\[9]

### **Is this share attached to an explicit bar against supplantation?**

**No, supplantation is not prohibited.** Like most states, Texas does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 15% local share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.

### **Can I see how this share has been spent?**

**No (neither public nor intrastate reporting required).** Opioid settlement expenditures are not officially published in a centralized location for this share.\[10] 

Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports.

### **What else should I know?**

**Not applicable.**

### **Citations**

1. Tex. Gov’t Code Secs. 403.505(a) (describing dedicated account in the general revenue which is administered by the Comptroller) and 403.505(b) (“The account is composed of … money obtained from a statewide opioid settlement agreement and deposited in the account under Section 403.507”); Tex. Gov’t Code Sec. 403.507(b)(1) (“Of money obtained under a statewide opioid settlement agreement\[,] 15 percent shall be deposited into the \[Opioid Abatement] account”); Tex. Gov’t Code Sec. 403.505(c) (“Money in the account may be appropriated only to a state agency for the abatement of opioid-related harms”). ↑
2. *See* Tex. Gov’t Code Sec. 403.507(c) (“For the purposes of a statewide opioid settlement agreement in relation to a bankruptcy plan for a released entity, money is distributed in accordance with the bankruptcy plan”). ↑
3. Tex. Gov’t Code Sec. 403.505(d) (“A state agency may use money appropriated from the account only to…”) and Sec. 403.505(d)(1)-(9) (listing acceptable Opioid Abatement Account uses for this share). ↑
4. Including healthcare providers, first responders, people experiencing an overdose, families, schools, community-based service providers, social workers, or “other members of the public.” Tex. Gov’t Code Sec. 403.505(d)(2)(A)-(H). ↑
5. Tex. Gov’t Code Sec. 403.505(d)(3). ↑
6. Tex. Gov’t Code Sec. 403.505(d)(6). ↑
7. Tex. Gov’t Code Sec. 403.505(d)(7). ↑
8. Tex. Gov’t Code Sec 403.505(d)(9). ↑
9. Tex. Gov’t Code Sec. 403.505(c)-(d). The State of Texas has disagreed with this categorization in its communications with Vital Strategies and OpioidSettlementTracker.com. *See* [Community Guides Methodology](https://www.opioidsettlementguides.com/methodology). The second item of the nine — efforts to “prevent or reduce deaths … from opioid-related harms” (including the provision of naloxone) — anticipates a wide-ranging list of potential partners for this goal: healthcare providers, first responders, people experiencing an overdose, families, schools, community-based service providers, social workers, or “other members of the public.” Sec. 403.505(d)(2)(A)-(H). *See* [FY 2024: Naloxone Distribution Grant Opportunity](https://comptroller.texas.gov/programs/opioid-council/grants/naloxone-grant-opp.php) for more. ↑
10. The State of Texas has disagreed with this categorization in its communications with Vital Strategies and OpioidSettlementTracker.com. *See* [Community Guides Methodology](https://www.opioidsettlementguides.com/methodology). ↑


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