HomeMy WebLinkAboutRes 2021-08-966 Texas Opiod Abatement Fund Council & Settlement Allocation Term SheetRESOLUTION NO. 61ORI- q(o�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
APPROVING THE TEXAS OPIOID ABATEMENT FUND COUNCIL AND
SETTLEMENT ALLOCATION TERM SHEET IN ITS ENTIRETY; APPROVING
THE SUBDIVISION SETTLEMENT PARTICIPATION FORM AND
AUTHORIZING THE MAYOR TO EXECUTE SAME; ESTABLISHING AN
EFFECTIVE DATE
WHEREAS, the City Council of the City of Anna, Texas obtained information indicating that
certain drug companies and their corporate affiliates, parents, subsidiaries, and such other
defendants as may be added to the litigation (collectively, "Defendants") have engaged in
fraudulent and/or reckless marketing and/or distribution of opioids that have resulted in addictions
and overdoses; and
WHEREAS, these actions, conduct and misconduct have resulted in significant financial costs to
the City; and
WHEREAS, on May 13, 2020, the State of Texas, through the Office of the Attorney General, and
a negotiation group for Texas political subdivisions entered into an Agreement entitled Texas
Opioid Abatement Fund Council and Settlement Allocation Term Sheet (hereafter, the Texas Term
Sheet) approving the allocation of any and all opioid settlement funds within the State of Texas.
The Texas Term Sheet is attached hereto as Exhibit "A"; and
WHEREAS, Special Counsel and the State of Texas have recommended that the City of Anna,
Texas support the adoption and approval the Texas Term Sheet in its entirety and approve and
execute the Subdivision Settlement Participation Form and authorize the Mayor to execute same
and any other documents or instruments necessary for the City of Anna to participate in the
settlement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anna, Texas, that
the Council:
1. Supports the adoption and approval the Texas Term Sheet in its entirety; and
2. Finds as follows:
a. There is a substantial need for repayment of opioid-related expenditures and
payment to abate opioid-related harms in and about the City of Anna; and
b. The City Council of the City Council supports in its entirety and hereby adopts the
allocation method for opioid settlement proceeds as set forth in the STATE OF TEXAS AND
TEXAS POLITICAL SUBDIVISIONS' OPIOID ABATEMENT FUND COUNCIL AND
SETTLEMENT ALLOCATION TERM SHEET, attached hereto as Exhibit A. The City Council
understands that the purpose of this Texas Term Sheet is to permit collaboration between the State
of Texas and Political Subdivisions to explore and potentially effectuate resolution of the Opioid
Litigation against Pharmaceutical Supply Chain Participants as defined therein. We also
understand that an additional purpose is to create an effective means of distributing any potential
settlement funds obtained under this Texas Term Sheet between the State of Texas and Political
Subdivisions in a manner and means that would promote an effective and meaningful use of the
funds in abating the opioid epidemic in this City and throughout Texas. The Mayor is authorized
on behalf of the City to execute the Subdivision Settlement Participation Form attached hereto as
Exhibit B and is further authorized to execute any and all additional documents and instruments
necessary for the City of Anna to participate in said settlement.
APPROVED, ADOPTED AND EFFECTIVE THIS 24TH DAY
ATTEST:
Carrie L. Land, City Secretary
2
Nate Pike,
Jill
iEX R
ayor
T 2021.
EXHIBIT A
TEXAS OPIOID ABATEMENT FUND COUNCIL AND
SETTLEMENT ALLOCATION TERM SHEET
WHEREAS, the people of the State of Texas and its communities have been harmed
through the National and Statewide epidemic caused by licit and illicit opioid use
and distribution within the State of Texas; and now,
WHEREAS, the State of Texas, though its elected representatives and counsel,
including the Honorable Ken Paxton, Attorney General of the State of Texas, and
certain Political Subdivisions, through their elected representatives and counsel, are
separately engaged in litigation seeking to hold those entities in the supply chain
accountable for the damage caused; and now,
WHEREAS, the State of Texas, through its Attorney General and its Political
Subdivisions, share a common desire to abate and alleviate the impacts of the
epidemic throughout the State of Texas; and now,
THEREFORE, the State of Texas and its Political Subdivisions, subject to
completing formal documents effectuating the Parties' agreements, enter into this
State of Texas and Texas Political Subdivisions' Opioid Abatement Fund Council
and Settlement Allocation Term Sheet (Texas Term Sheet) relating to the allocation
anA use of the proceeds of any Settlements as described.
A. Definitions
As used in this Texas Term Sheet:
1
1. he State" shall mean the State of Texas acting through its Attorney
General.
"Political Subdivision(s) shall mean any Texas municipality and county.
"The Parties" shall mean the State of Texas, the Political Subdivisions, and
the Plaintiffs' Steering Committee and Liaison Counsel (PSC) in the Texas
Opioid MDL, In Re: Texas Opioid Litigation, MDL No. 2018-63587, in
the 152d District Court of Harris County, Texas.
"Litigating Political Subdivision" means a Political Subdivision that filed
suit in the state courts of the State of Texas prior to the Execution Date of
this Agreement, whether or not such case was transferred to Texas Opioid
MDL, or removed to federal court.
"National Fund" shall mean any national fund established for the benefit
of the Texas Political Subdivisions. In no event shall any National Fund
be used to create federal jurisdiction, equitable or otherwise, over the
Texas Political Subdivisions or those similarly situated state -court litigants
who are included in the state coalition, nor shall the National Fund require
participating in a class action or signing a participation agreement as part
of the criteria for participating in the National Fund.
6. "Negotiating Committee" shall mean athree-member group comprising
four representatives for each of (1) the State; (2) the PSC; and (3) Texas'
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Political Subdivisions (collectively, "Members"). The State shall be
represented by the Texas Attorney General or his designees. The PSC shall
be represented by attorneys MIl Watts, Jeffrey Simon, Dara Hegar, Dan
Downey, or their designees. Texas' Political Subdivisions shall be
represented by Clay Jenkins (Dallas County Judge), Terrence O'Rourke
(Special Assistant County Attorney, Harris County), Nelson Wolff (Bexar
County Judge), and Nathaniel Moran (Smith County Judge) or their
designees.
7. "Settlement" shall mean the negotiated resolution of legal or equitable
claims against a Pharmaceutical Supply Chain Participant that includes the
State and Political Subdivisions.
8. "Opioid Funds" shall mean monetary amounts obtained through a
Settlement as defined in this Texas Term Sheet.
8. "Approved Puipose(s)" shall mean those uses identified in Exhibit A
hereto.
9. "Pharmaceutical Supply Chain" shall mean the process and channels
through which opioids or opioids products are manufactured, marketed,
promoted, distributed, or dispensed.
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10."Pharmaceutical Supply Chain Participant" shall mean any entity that
engages in or has engaged in the manufacture, marketing, promotion,
distribution, or dispensing of an upid analgesic.
11. "Texas Opioid Council" shall mean the Council described in Exhibit A
hereto, which has the purpose of ensuring the funds recovered by Texas
(through the joint actions of the Attorney General and the Texas Political
Subdivisions) are allocated fairly and spent to remediate the opioid crisis
in Texas, using efficient and cost-effective methods that are directed to the
hardest hit regions in Texas while also ensuring that all Texans benefit
from prevention and recovery efforts.
B. Allocation of Settlement Proceeds
1. All Opioid Funds distributed in Texas shall be divided with 15% going to
Political Subdivisions ("Subdivision Share"), 70% to the Texas Opioid
Abatement Fund through the Texas Opioid Council (Texas Abatement
Fund Share) identified and described on Exhibits A and C hereto, and 15%
to the Office of the Texas Attorney General as Counsel for the State of
Texas ("State Share"). Out of the Texas Opioid Abatement Fund,
reasonable expenses up to 1 %shall be paid to the Texas Comptroller for
the administration of the Texas Opioid Council pursuant to the Opioid
Abatement Fund (Texas Settlement) Opioid Council Agreement, Exhibit
A hereto.
2. The Subdivisions Share shall be allocated in accordance with the division
of proceeds on Exhibit B hereto.
3. The Texas Abatement Fund Share shall be allocated to the Opioid Council
to be apportioned in accordance with the guidelines of Exhibit A, and
Exhibit C hereto.
4. In the event a Subdivision merges, dissolves, or ceases to exist, the
allocation percentage for that Subdivision shall be redistributed as directed
by the settlement document, and if not specified, equitably based on the
composition of the successor Subdivision. If a Subdivision for any reason
is excluded from a specific settlement, the allocation percentage for that
Subdivision shall be redistributed as directed by the settlement document,
and if not specified, equitably among the participating Subdivisions.
5. Funds obtained from parties unrelated to the Litigation, via grant, bequest,
gift or the like, separate and distinct from the Litigation, lnay be directed
to the Texas Opioid Council and disbursed as set forth below.
6. The Subdivision share shall be initially deposited and paid in cash directly
to the Subdivision under the authority and guidance of the Texas MDL
Court, who shall direct any Settlement funds to be held in trust in a
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segregated account to benefit the Subdivisions and to be promptly
distributed asset forth herein and in accordance with Exhibit B.
7. Nothing in this Texas Term Sheet should alter or change any Subdivision's
rights to pursue its own claim. Rather, the intent of this Texas Term Sheet
is to join all parties to disburse settlement proceeds from one or more
defendants to all parties participating in that settlement within Texas.
8. Opioid Funds from the Texas Abatement Fund Share shall be directed to
the Texas Opioid Council and used in accordance with the guidelines as
set out on Exhibit A hereto, and the Texas Abatement Fund Share shall be
distributed to the Texas Opioid Council under the authority and guidance
of the Texas MDL Court, consistent with Exhibits A and C, and the by-
laws of the Texas Opioid Council documents and disbursed as set forth
therein, including without limitation all abatement funds and the 1
holdback for expenses.
9. The State of Texas and the Political Subdivisions understand and
acknowledge that additional steps may need to be undertaken to assist the
Texas Opioid Council in its mission, at a predictable level of funding,
regardless of external factors.
C. Payment of Counsel and Litigation Expenses
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1. Any Master Settlement Agreement settlement will govern the payment of
fees and litigation expenses to the Parties. The Parties agree to direct
control of any Texas Political Subdivision fees and expenses to the "Texas
Opioid Fee and Expense Fund," which shall be allocated and distributed
by the Texas MDL Court, hz i°e: Texas Opioid Litigation, MDL No. 2018-
63587, in the 152nd District Court of Harris County, Texas, and with the
intent to compensate all counsel for Texas Political Subdivisions who have
not chosen to otherwise seek compensation for fees and expenses from any
federal MDL common benefit fund.
2. The Parties agree that no portion of the State of Texas 15% allocation
share from any settlement shall be administered through the National
Fund, the Texas MDL Court, or Texas Opioid Fee and Expense Fund,
but shall be directed for payment to the State of Texas by the State of
Texas.
3. The State of Texas and the Texas Political Subdivisions, and their
respective attorneys, agree that all fees —whether contingent, hourly,
fixeA or otherwise —owed by the Texas Political Subdivisions shall be
paid out of the National Fund or as otherwise provided for herein to the
Texas Opioid Fee and Expense Fund to be distributed by the 152nd
District Court of Harris County, Texas pursuant to its past and future
orders.
4. From any opioid-related settlements with McKesson, Cardinal Health,
ABDC, and Johnson &Johnson, and for any future opioid-related
settlements negotiated, in whole or in part, by the Negotiating
Committee with any other Pharmaceutical Supply Chain Participant,
the funds to be deposited in the Texas Opioid Fee and Expense Fund
shall be 9.3925% of the combined Texas Political Subdivision and
Texas Abatement Fund portions of each payment (annual or otherwise)
to the State of Texas for that settlement, plus expenses from the
National Fund, and shall be sought by Texas Political Subdivision
Counsel initially through the National Fund. The Texas Political
Subdivisions' percentage share of fees and expenses from the National
Fund shall be directed to the Texas Opioid Fee and Expense Fund in
the Texas MDL, as soon as is practical, for allocation and distribution
in accordance with the guidelines herein.
5. If the National Fund share to the Texas Political Subdivisions is
insufficient to cover the guaranteed 9.3925%, plus expenses from the
National Fund, per subsection 4, immediately supra, or if payment from
the National Fund is not received within 12 months after the date the
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first payment is made by the Defendants pursuant to the settlement, then
the Texas Political Subdivisions shall recover up to 12.59/o of the Texas
Political Subdivision Share to make up any difference.
6. If the National Fund and the Texas Political Subdivision share are
insufficient to cover the guaranteed 9.3925%, plus expenses from the
National Fund, or if payment from the National Fund is not received
within 12 months after the date the first payment is made by the
Defendants pursuant to the settlement, then the Texas Political
Subdivisions shall recover up to 8.75% of the Abatement Fund Share
to make up any difference. In no event shall the Texas Political
Subdivision share exceed 9.3925% of the combined Texas Political
Subdivision and Texas Abatement Fund portions of any settlement,
plus expenses from the National Fund. In the event that any payment
is received from the National Fund such that the total amount in fees
and expenses exceeds 9.3925%, the Texas Political Subdivisions shall
return any amounts received greater than 9.3925% of the combined
Texas Political Subdivision and Texas Abatement Fund portions to
those respective Funds.
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7. For each settlement utilizing a National Fund, the Texas Political
Subdivisions need only make one attempt at seeking fees and expenses
there.
S. The total amount of the Texas Opioid Fee and Expense Fund shall be
reduced proportionally, according to the agreed upon allocation of the
Texas Subdivision Fund, for any Texas litigating Political Subdivision
that (1) fails to enter the settlement; and (2) was filed in Texas state
court, and was transferred to the Texas MDL (or removed before or
during transfer to the Texas MDL) as of the execution date of this
Agreement.
D. The Texas Opioid Council and Texas Abatement Fund
The Texas Opioid Council and Texas Abatement Fund is described in detail
at Exhibit A, incorporated herein by reference.
E. Settlement Negotiations
1. The State and Negotiating Committee agree to inform each other in
advance of any negotiations relating to a Texas -only settlement with a
Pharmaceutical Supply Chain Participant that includes both the State and
its Political Subdivisions and shall provide each other the opportunity to
participate in all such negotiations. Any Texas -only Settlement agreed to
with the State and Negotiating Committee shall be subject to the approval
so
of a majority of litigating Political Subdivisions, The Parties further agree
to keep each other reasonably informed of all other global settlement
negotiations with Pharmaceutical Supply Chain Participants and to include
the Negotiating Committee or designees. Neither this provision, nor any
other, shall be construed to state or imply that either the State or the
Negotiating Committee is unauthorized to engage in settlement
negotiations with Pharmaceutical Supply Chain Participants without prior
consent or contemporaneous participation of the other, or that either party
is entitled to participate as an active or direct participant in settlement
negotiations with the other. Rather, while the State's and Negotiation
Committee's efforts to achieve worthwhile settlements are to be
collaborative, incremental stages need not be so.
2. Any Master Settlement Agreement (MSA) shall be subject to the approval
and jurisdiction of the Texas MDL Court.
3. As this is aTexas-specific effort, the Committee shall be Chaired by the
Attorney General. However, the Attorney General, or his designees, shall
enAeavor to coordinate any publicity or other efforts to speak publicly with
the other Committee Members.
4. The State of Texas, the Texas MDL Plaintiff's Steering Committee
representatives, or the Political Subdivision representatives may withdraw
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from coordinated Settlement discussions detailed in this Section upon 10
business days' written notice to the remaining Committee Members and
counsel for any affected Pharmaceutical Supply Chain Participant. The
withdrawal of any Member releases the remaining Committee Members
from the restrictions and obligations in this Section.
5. The obligations in this Section shall not affect any Party's right to proceed
with trial or, within 30 days of the date upon which a trial involving that
Party's claims against a specific Pharmaceutical Supply Chain Participant
is scheduled to begin, reach a case specific resolution with that particular
Pharmaceutical Supply Chain Participant.
F. Amendments
The Parties agree to make such amendments as necessary to implement the
intent of this agreement.
Acknowledgment of Agreement
We, the undersigned, have participated in the drafting of the above Texas
Term Sheet, including consideration based on comments solicited from Political
Subdivisions. This document has been collaboratively drafted to maintain all
individual claims while allowing the State and its Political Subdivisions to cooperate
in exploring all possible means of resolution. Nothing in this agreement binds any
party to any specific outcome. Any resolution under this document will require
acceptance by the State of Texas and a majority of the Litigating Political
Subdivisions.
We, the undersigned, hereby accept the STATE OF TEXAS AND TEXAS
POLITICAL SUBDIVISIONS' OPIOID ABATEMENT FUND COUNCIL AND
SETTLEMENT ALLOCATION TERM SHEET. We understand that the purpose of
this Texas Term Sheet is to permit collaboration between the State of Texas and
Political Subdivisions to explore and potentially effectuate earlier resolution of the
Opioid Litigation against Pharmaceutical Supply Chain Participants. We also
understand that an additional purpose is to create an effective means of distributing
any potential settlement funds obtained under this Texas Term Sheet between the
State of Texas and Political Subdivisions in a manner and means that would promote
an effective and meaningful use of the funds in abating the opioid epidemic
throughout Texas.
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Executed this 13 day of May, 2020.
FOR THE STATE OF TEXAS:
KENNETH PAXTON, JR.
ATTORNEY GENERAL
FOR THE SUBDIVISIONS
AND TEXAS MDL PSC.
Fim
M KAL WATTS
WATTS GUERRA LLP
SIMON
r
:sas
Opioid Abatement Fund kTexas) Settlement
Opioid Council
As part of the settlement agreement and upon its execution, the parties will form the Texas Opioid
Council (Council) to establish the framework that ensures the funds recovered by Texas (through
the joint actions of the Attorney General and the state's political subdivisions) are allocated fairly
and spent to remediate the opioid crisis in Texas, using efficient and cost-effective methods that
are directed to the hardest hit regions in Texas while also ensuring that all Texans benefit from
prevention and recovery efforts.
I. Structure
The Council will be responsible for the processes and procedures governing the spending of the
funds held in the Texas Abatement Fund, which will be approximately 70% of all funds obtained
through settlement and/or litigation of the claims asserted by the State and its subdivisions in the
investigations and litigation related to the manufacturing, marketing, distribution, and sale of
opioids and related pharmaceuticals.
Money paid into the abatement fund will be held by an independent administrator, who shall be
responsible for the ministerial task of releasing funds solely as authorized below by the Council,
and accounting for all payments to and from the fund.
The Council will be formed when a court of competent jurisdiction enters an order settling the
matter, including any order of a bankruptcy court. The Council's members must be appointed
within sixty (60) days of the date the order is entered.
The Council shall be comprised of the following thirteen (13) rnernbers:
1. Statewide Members.
Six members appointed by the Governor and Attorney General to represent the State's
interest in opioid abatement. The statewide members are appointed as follows:
a. The Governor shall appoint three (3) members who are licensed health
professionals with signcant experience in opioid interventions;
b. The Attorney General shall appoint three (3) members who are licensed
professionals with significant experience in opioid incidences; and
c. The Governor will appoint the Chair of the Council as a non -voting member.
The Chair may only cast a vote in the event there is a tie of the membership.
2. Regiof2al Members.
Six (6) rnernbers appointed by the State's political subdivisions to represent their
designated Texas Health and Human Services Commission "HHSC" Regional Healthcare
1
Partnership (Regions) to ensure dedicated regional, urban, and rural representation on the
Council. The regional appointees must be from either academia or the medical profession
with significant experience in opioid interventions. The regional members are appointed as
follows:
a. One rneinber representing Regions 9 and 10 (Dallas Ft -Worth);
b. One member representing Region 3 (Houston);
c. One member representing Regions 11, 12, 13, 14, 15, 19 (West Texas);
d. One member representing Regions 6, 7, 8, 16 (Austin -San Antonio);
e. One member representing Regions 1, 2, 17, 18 (East Texas); and
£ One member representing Regions 4, 5, 20 (South Texas).
1: u
All members of the Council are appointed to serve staggered two-year terms, with the terms of
members expiring February 1 of each year. A member may serve no more than two consecutive
terms, for a total of four consecutive years. For the first term, four (4) members (two (2) statewide
and two (2) for the subdivisions) will serve a three-year term. A vacancy on the Council shall be
filled for the unexpired term in the same manner as the original appointment. The Governor will
appoint the Chair of the Council who will not vote on Council business unless there is a tie vote,
and the subdivisions will appoint a Vice -Chair voting member from one of the regional members.
1. Administration
The Council is attached administratively to the Comptroller. The Council is an
independent, quasi -governmental agency because it is responsible for the statewide
distribution of the abatement settlement funds
statutes:
The Council is exempt fiom the following
a. Chapter 316 of the Government Code (Appropriations);
b. Chapter 322 of the Government Code (Legislative Budget Board);
c. Chapter 325 of the Government Code (Sunset);
d. Chapter 783 of the Government Code (Uniform Grants and Contract
Management);
e. Chapter 2001 of the Government Code (Administrative Procedure);
f. Chapter 2052 of the Government Code (State Agency Reports and Publications);
g. Chapter 2261 of the Government Code (State Contracting Standards and
Oversight);
h. Chapter 2262 of the Government Code (Statewide Contract Management);
f!J
i. Chapter 262 of the Local Government Code (Purchasing and Contracting
Authority of Counties); and
j. Chapter 271 of the Local Government Code (Purchasing and Contracting
Authority of Municipalities, Counties, and Certain Other Local Governments),
2. Transparency
The Council will abide by state laws relating to open meetings and public information,
including Chapters 551 and 552 of the Texas Government Code.
i. The Council shall hold at least four regular meetings each year. The Council may
hold additional meetings on the request of the Chair or on the written request of
three members of the council. All meetings shall be open to the public, and public
notice of meetings shall be given as required by state law.
ii. The Council may convene in a closed, non-public meeting:
a. If the Commission must discuss:
1. Negotiation of contract awards; and
2. Matters specifically exempted from disclosure by federal and
state statutes.
b. All minutes and documents of a closed meeting shall remain under seal,
subject to release only order of a court of competent jurisdiction.
3. Authority
The Council does not have rulemaking authority. The terms of each Judgment, Master
Settlement Agreement, or any Bankruptcy Settlement for Texas control the authority of
the Council and the Council may not stray outside the bounds of the authority and power
vested by such settlements. Should the Council require legal assistance in determining
their authority, the Council may direct the executive director to seek legal advice from the
Attorney General to clarify the issue.
The independent administrator will set aside up to one (1) percent of the settlement funds for the
administration of the Council for reasonable costs and expenses of operating the foregoing duties,
including educational activities.
1. Executive Director
The Comptroller will employ the executive director of the Council and other personnel as
necessary to administer the duties of the Council and cai7y out the functions of the Council.
The executive director must have at least 10 years of experience in government or public
administration and is classified as a Director VB30 under the State Auditor's State
Classification. The Comptroller will pay the salaries of the Council employees from the
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one (1) percent of the settlement funds set aside for the administration of the Council. The
Comptroller will request funds from the Texas Abatement Fund Point of Contact.
2. Ti°avel Reimbursement
A person appointed to the Council is entitled to reirnbursernent for the travel expenses
incurred in attending Council duties. A member of the Council may be reimbursed for
actual expenses for meals, lodging, transportation, and incidental expenses in accordance
with travel rates set by the federal General Services Administration.
II. Duties/Roles
It is the duty of the Council to determine and approve the opioid abatement strategies and funding
awards.
The Council will develop the approved Texas list of abatement strategies based on but not limited
to the existing national list of opioid abatement strategies (see attached Appendix A) for
implementing the Texas Abatement Fund,
1. The Council shall only approve strategies which are evidence -informed strategies.
2. The Texas list of abatement strategies must be approved by majority vote. The majority
vote must include a majority from both sides of the statewide members and regional
members in order to be approved, e.g., at least four (4) of six (6) members on each side.
The Council will determine a single point of contact called the Abatement Fund Point of Contact
(POC) to be established as the sole entity authorized to receive requests for funds and approve
expenditures in Texas and order the release of funds from the Texas Abatement Fund by the
independent administrator. The POC may be an independent third party selected by the Council
with expertise in banking or financial management. The POC will manage the Opioid Council
Bank Account (Account). Upon a vote, the Council will direct the POC to contact the independent
administrator to release funds to the Account. The Account is outside the State Treasury and not
managed by any state or local officials. The POC is responsible for payments to the qualified
entities selected by the Council for abatement fund awards. The POC will submit a monthly
financial statement on the Account to the Council.
An independent auditor appointed by the Council will perform an audit on the Account on an
annual basis and report its findings, if any, to the Council.
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The Council is the sole decision -maker on the funding allocation process of the abatement funds.
The Council will develop the application and award process based on the parameters outlined
below. An entity seeking funds from the Council must apply for funds; no funds will be awarded
without an application. The executive director and personnel may assist the Council in gathering
and compiling the applications for consideration; however, the Council members are the sole
decision -makers of awards and funding determination. The Council will use the following
processes to award funds:
1. Statewide Fticcads. The Council will consider, adopt and approve the allocation
methodology attached as Exhibit C, based upon population health data and prevalence
of opioid incidences, at the Council's initial meeting. Adoption of such methodology
will allow each Region to customize the approved abatement strategies to fit its
communities' needs. The statewide regional funds will account for seventy-five (75)
percent of the total overall funds, less the one (1) percent administrative expense
described herein.
2. Targeted Funds. Each Region shall reserve twenty-five (25) percent of the overall
funds, for targeted interventions in the specific Region as identified by opioid incidence
data. The Council must approve on an annual basis the uses for the targeted abatement
strategies and applications available to every Region, including education and outreach
programs. Each Region without approved uses for the targeted funds from the Council,
based upon a greater percentage of opioid incidents compared to its population, is
subject to transfer of all or a portion of the targeted funds for that Region for uses based
upon all Regions' targeted funding needs as approved by the Council on an annual basis.
3. Annical Allocation. Statewide regional fiends and targeted fiends will be allocated on an
annual basis. If a Region lapses its funds, the funds will be reallocated based on all
Regions' funding needs.
The Council. will establish an appeal process to permit the applicants for funding (state or
subdivisions) to challenge decisions by the Council -designated point of contact on requests for
funds or expenditures.
1. To challenge a decision by the designated point of contact, the State or a subdivision
must file an appeal with the Council within thirty (30) days of the decision. The Council
then has thirty (30) days to consider and rule on the appeal.
2. If the Council denies the appeal, the party may file an appeal with the state district court
of record where the final opioid judgment or Master Settlement Agreement is filed. The
Texas Rules of Civil Procedure and Rules of Evidence will govern these proceedings.
The Council may request representation from the Attorney General in these proceedings.
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In making its determination, the state district court shall apply the same clear error
standards contained herein that the Council must follow when rendering its decision.
3. The state district court will make the final decision and the decision is not appealable.
4. Challenges will be limited and subject to penalty if abused.
5. Attorneys' fees and costs are not recoverable in these appeals.
The Council may determine that a percentage of the funds in the Abatement Fund from the targeted
funds be used to develop an education and outreach program to provide materials on the
consequences of opioid drug use, prevention and interventions. Any material developed will
include online resources and toolkits for communities.
C�
Exhibit B: Municipal Area Allocations: 15% of Total ($150 million)
(County numbers refer to distribution to the county governments after payment to cities within
county borders has been made. Minimum distribution to each county is $1000.)
Municipal Area Allocation Municipal Area Allocation
Abbott $688 Lakeport $463
Abernathy $110 Lakeside $4474
Abilene $563,818 Lakeside City $222
Ackerly $21 Lakeview $427
Addison $58,094 Lakeway $31,657
Adrian $181 Lakewood Village $557
Agua Dulce $43 Lamar County $141598
Alamo $22,121 Lamb County $50,681
Alamo Heights $28,198 Lamcsa $29,656
Alba $3,196 Lampasas $287211
Albany $180 Lampasas Cotmty $42,818
Aledo $331 Lancaster $90,653
Alice $71,291 Laredo $763,174
Allen $315,081 Latexo $124
Alma $17107 Lavaca County $45,973
Alpine $2906 Lavon $7435
Alto $3,767 Lawn $58
Alton $11,540 League City $302,418
Alvarado $29,029 Leakey $256
Alvin $1131962 Leander $881641
Alvord $358 Leary $797
Amarillo $987,661 Lee County $30,457
Ames $5,571 Lefors $159
Amherst $22 Leon County $671393
Anahuac $542 Leon Valley $23,258
Anderson $19 Leona $883
Anderson County $268,763 Leonard $8,505
Andrews $18,983 Leroy $176
Andrews County $37,606 Levelland $461848
Angelina County $229,956 Lewisville $382,094
Angleton $62,791 Lexington $2,318
Angus $331 Liberty $72,343
Anna $9,075 Liberty County $531,212
Annetta $5,956 Liberty Hill $2,780
Annetta North $34 Limestone County $135,684
(Table continues on multiple pages below)
Annetta South $602 Lincoln Park $677
Annona $738 Lindale $241202
Anson $5,134 Linden $3,661
Anthony $4,514 Lindsay $1,228
Anton $444 Lipan $44
Appleby $1,551 Lipscomb County $10,132
Aquilla $208 Little Elm $69,326
Aransas County $266,512 Little River -Academy $798
Aransas Pass $57,813 Littlefield $7,678
Archer City $10,554 Live Oak $32,740
Archer County $45,534 Live Oak County $397716
Arcola $7,290 Liverpool $1435
Argyle $11,406 Livingston $73,165
Arlington $735,803 Llano $23,121
Armstrong County $974 Llano County $115,647
Arp $2,009 Lockhart $49,050
Asherton $112 LockneY $3,301
Aspermont $9 Log Cabin $1,960
Atascosa County $176,903 Lonieta $1,176
Athens $105042 Lone Oak $1,705
Atlanta $30,995 Lone Star $8,283
Aubrey $15,141 Longview $4827254
Aurora $1,849 Loraine $188
Austin County $7 AO Lorena $3,390
Austin $4,877,716 Lorenzo $11,358
Austwell $109 Los Fresnos $11,185
Avery $138 Los Indies $159
Avinger $1,115 Los Ybanez $0
Azle $32,213 Lott $1,516
Bailey $950 Lovelady $249
Bailey County $15,377 Loving County $1,000
Bailey's Prairie $5,604 Lowry Crossing $783
Baird $2,802 Lubbock $319,867
Balch Springs $27,358 Lubbock County $1,379,719
Balcones Heights $231811 Lucas $5,266
Ballinger $9,172 Lueders $508
Balmorhea $63 Lufkin $281,592
Bandera $27893 Luling $29,421
Bandera County $86,815 Lumberton $36,609
Bangs $3,050 Lyford $3,071
Page 2
Bardwell $362 Lynn County $6,275
Barry $200 Lytle $7,223
Barstow $61 Mabank $19,443
Bartlett $3,374 Madison County $495492
Bartonville $81887 Madisonville $111458
Bastrop $46,320 Magnolia $26,031
Bastrop County $343,960 Malakoff $12,614
Bay City $57,912 Malone $439
Baylor County $291832 Manor $12,499
Bayou Vista $67240 Mansfield $150,788
Bayside $242 Manvel $121305
Baytown $216,066 Marble Falls $37,039
Bayview $41 Ma.rfa $65
Beach City $12,505 Marietta $338
Bear Creek $906 Marion $275
Beasley $130 Marion County $54,728
Beaumont $683,010 Marlin $21,634
Beckville $1,247 Marquez $022
Bedford $94,314 Marshall $108,371
Bedias $3,475 Mart $928
Bee Cave $12,863 Martin County $10,862
Bee County $971844 Martindale $2,437
Beeville $24X7 Mason $777
Bell County $6501748 Mason County $3,134
Bellaire $41,264 Matador $1,203
Bellevue $56 Matagorda County $135,239
Bellmead $14487 Mathis $15,720
Bells $11891 Maud $423
Bellville $7,488 Maverick County $115,919
Belton $72,680 Maypearl $986
Benavides $152 McAllen $3647424
Benbrook $43,919 McCamey $542
Benjamin $951 McGregor $9,155
Berryville $14,379 McKinney $450,383
Bertram $182 McLean $14
Beverly Hills $4,336 McLendon -Chisholm $411
Bevil Oaks $549 Mcculloch County $20,021
Bexar County $7,007,152 Mclennan County $529,641
Big Lake $547 McMullen County $1,000
Big Sandy $4,579 Meadow $1,121
Page 3
Big Spring $189,928 Meadowlakes $905
Big Wells $236 Meadows Place $18,148
Bishop $8,213 Medina County $48,355
Bishop Hills $323 Megargel $611
Blackwell $31 Melissa $151381
Blanco $6,191 Melvin $345
Blanco County $49,223 Memphis $7,203
Blanket $147 Mcnard $991
Bloomburg $1,010 Menard County $14,717
Blooming Grove $352 Mercedes $21,441
Blossom $198 Meridian $3,546
Blue Mound $2,888 Merkel $107117
Blue Ridge $1,345 Mertens $239
Blum $1,622 Mertzon $29
Boerne $45,576 Mesquite $310,709
Bogata $3,649 Mexia $21,096
Bonham $100,909 Miami $455
Bonney $2,510 Midland County $2797927
Booker $17036 Midland $521,849
Borden County $1,000 Midlothian $951799
Borger $69,680 Midway $78
Bosque County $71,073 Milam County $97,386
Bovina $173 Milano $904
Bowie $83,620 Mildred $286
Bowie County $233,190 Miles $93
Boyd $6,953 Milford $6,177
Brackettville $8 Miller's Cove $97
Brady $27,480 Millican $417
Brazoria $11,537 Mills County $19,931
Brazoria County $13021,090 Millsap $34
Brazos Bend $462 Mineola $481719
Brazos Country $902 Mineral Wells $92,061
Brazos County $342,087 Mingus $189
Breckenridge $23,976 Mission $1241768
Bremond $5,554 Missouri City $209,633
Brenham $54,750 Mitchell County $20,850
Brewster County $60,087 Mobeetie $52
Briarcliff $572 Mobile City $2,034
Briaroaks $57 Monahans $51849
Bridge City $80,756 Mont Belvieu $19,669
P¢ge �
Bridgeport $33,301 Montague County $941796
Briscoe County $977 Montgomery $1,884
Broaddus $31 Montgomery County $2,700,911
Bronte $99 Moody $828
Brooks County $20,710 Moore County $40,627
Brookshire $6406 Moore Station $772
Brookside Village $1,110 Moran $50
Brown County $193,417 Morgan $605
Browndell $152 Morgan's Point $3,105
Brownfield $14452 Morgan's Point Resort $8,024
Brownsboro $3,176 Morris County $53,328
Brownsville $425,057 Morton $167
Brownwood $166,572 Motley Comity $35344
Bruceville-Eddy $11692 Moulton $999
Bryan $246,897 Mount Cahn $605
Bryson $1,228 Mount Enterprise $1,832
Buckholts $11113 Mount Pleasant $65,684
Buda $10,784 Mount Vernon $6,049
Buffalo $11,866 Mountain City $1,548
Buffalo Cap $88 Muenster $47656
Buffalo Springs $188 Muleshoe $41910
Bullard $71487 Mullin $384
Bulverde $14,436 Munday $2,047
Bunker Hill Village $472 Murchison $2,302
Burkburnett $377844 Murphy $51,893
Burke $1,114 Mustang $7
Burleson County $70,244 Mustang Ridge $2,462
Burleson $151J79 Nacogdoches $205,992
Burnet $33,345 Nacogdoches County $198,583
Burnet County $189,829 Naples $4,224
Burton $937 Nash $7999
Byers $77 Nassau Bay $11,247
Bynum $380 Natalia $625
Cactus $4,779 Navarro $334
Caddo Mills $43 Navarro County $103,513
Caldwell $18,245 Navasota $37,676
Caldwell County $86,413 Nazareth $124
Calhoun County $127,926 Nederland $44,585
Callahan County $124894 Needville $101341
Callisburg $101 Nevada $237
Page 5
Calvert $772 New Berlin $4
Cameron $11 091 New Boston $6,953
Cameron County $537,026 New Braunfels $307,313
Camp County $28,851 New Chapel Hill $288
Camp Wood $422 New Deal $338
Campbell $17116 New Fairview $2,334
Canadian $1,090 New Home $9
Caney City $25005 New Hope $1,024
Canton $56,734 New London $4,129
Canyon $26,251 New Summerfield $442
Carbon $620 New Waverly $2 562
Carl's Corner $48 Newark $520
Carmine $385 Newcastle $914
Carrizo Springs $1 671 Newton $6 102
Carrollton $310,255 Newton County $158,006
Carson County $29,493 Neylandville $163
Carthage $18,927 Niederwald $16
Cashion Community $322 Nixon $2,283
Cass County $937155 Nocona $16,536
Castle Hills $12 780 Nolan County $50,262
Castro County $4 420 Nolanvillc $4,247
Castroville $4,525 Nome $391
Cedar Hill $705127 Noonday $226
Cedar Park $185,567 Nordheim $697
Celeste $1280 Normangee $6,192
Celina $18,283 North Cleveland $105
Center $58,838 North Richland Hills $146,419
Centerville $385 Northlake $8,905
Chambers County $153,188 Novice $76
Chandler $17,364 Nucces County $1,367,932
Channing $2 O'Brien $76
Charlotte $4,257 O'Donnell $27
Cherokee County $156,612 Oak Grove $2,769
Chester $1,174 Oak Leaf $612
Chico $27928 Oak Point $9,011
Childress $37,916 Oak Ridge $358
Childress County $501582 Oak Ridge North $33,512
Chillicothe $172 Oak Valley $7
China $522 Oakwood $148
China Grove $598 Ochiltree County $151476
Pale 6
Chireno $1,568 Odem $7,420
Christine $354 Odessa $559,163
Cibolo $13,690 Oglesby $29
Cisco $7,218 Old River-Winfree $21,653
Clarendon $114 Oldham County $10,318
Clarksville $20,891 Olmos Park $9,801
Clarksville City $54 Olney $6,088
Claude $26 Olton $097
Clay County $72,050 Omaha $4,185
Clear Lake Shores $6,682 Onalaska $31654
Cleburne $228,184 Opdyke West $479
Cleveland $96,897 Orange $311339
Clifton $9,939 Orange County $689,818
Clint $375 Orange Grove $1 677
'lute $51,350 Orchard $867
Clyde $17,287 Ore City $6,806
Coahoma $2 291 Overton $7,900
Cochran County $3,389 Ovilla $13,391
Cockrell Hill $512 Oyster Creek $9,633
Coffee City $1,087 Paducah $125
Coke County $51522 Paint Rock $141
Coldspring $447 Palacios $14,036
Coleman $5,442 Palestine $178,009
Coleman County $4 164 Palisades $240
College Station $258,147 Palm Valley $1,918
Colleyville $46,049 Palmer $121666
Collin County $1 266,721 Pahnhurst $4,660
Collingsworth County $19,234 Pahnview $7,577
Collinsville $1,831 Palo Pinto County $124,621
Colmesneil $2,211 Pampa $67,227
Colorado City $8,405 Panhandle $9,536
Colorado County $4904 Panola County $8009
Columbus $6,867 Panorama Village $1,292
Comal County $396,142 Pantego $12,898
Comanche $16,503 Paradise $52
Comanche County $501964 Paris $201,180
Combes $1,710 Parker $10,307
Combine $1,892 Parker County $4767254
Commerce $331869 Parmer County $15,866
Como $415 Pasadena $356,536
P¢ge 9
Coneho County $3,859 Pattison $1 148
Conroe $466,671 Patton Village $9,268
Converse $27,693 Payne Springs $1 770
Cooke County $200,451 Pearland $333,752
Cool $731 Pearsall $11,570
Coolidge $243 Pecan Gap $719
Cooper $362 Pecan Hill $229
Coppell $861593 Pecos $7,622
Copper Canyon $489 Pecos County $46,997
Copperas Cove $133,492 Pelican Bay $1,199
Corinth $75,298 Penelope $415
Corpus Christi $1,812,707 Penitas $312
Corral City $143 Perryton $23,364
Corrigan $21,318 Petersburg $1,691
Corsicana $87,310 Petrolia $17
Coryell County $123,659 Petronila $5
Cottle County $875 Pflugerville $86,408
Cottonwood $289 Pharr $144,721
Cottonwood Shores $1 203 Pilot Point $11613
Cotulla $1 251 Pine Forest $3,894
Coupland $266 Pine Island $3,141
Cove $387 Pinehurst $32,671
Covington $519 Pineland $4,138
Coyote Flats $1,472 Piney Point Village $151738
Crandall $12,094 Pittsburg $20,526
Crane $10,599 Plains $129
Crane County $26,146 Plainview $601298
Cranfills Gap $128 Plano $1,1511608
Crawford $383 Pleak $270
Creedmoor $16 Pleasant Valley $308
Cresson $11086 Pleasanton $291011
Crockett $23,403 Plum Grove $258
Crockett County $18,210 Point $1,519
Crosby County $18,388 Point Blank $355
Crosbyton $17498 Point Comfort $447
Cross Plains $4,877 Point Venture $588
Cross Roads $244 Polk County $370,831
Cross Timber $542 Ponder $1,282
Crowell $6,335 Port Aransas $31,022
Crowley $22,345 Port Arthur $367,945
Page 8
Crystal City $19,412 Port Isabel $9,802
Cuero $24,689 Port Lavaca $11,752
Culberson County $789 Port Neches $38,849
Cumby $51320 Portland $761517
Cuney $606 Post $21332
Cushing $1,120 Post Oak Bend City $1,034
Cut and Shoot $2 141 Poteet $6167
DISH $19 Poth $3,974
Daingerfield $12,476 Potter County $3711701
Daisetta $57370 Pottsboro $121302
Dalhart $11,609 Powell $110
Dallam County $21,686 Poynor $1,180
Dallas County $8,538,291 Prairie View $7,600
Dallas $2,99902 Premont $35321
Dalworthington Gardens $6,060 Presidio $148
Danbury $4,231 Presidio County $787
Darrouzett $101 Primera $2,958
Dawson $600 Princeton $19,245
Dawson County $46,911 Progreso $8,072
Dayton $475122 Progreso Lakes $39
Dayton Lakes $38 Prosper $227770
De Kalb $1,035 Providence Village $508
De Leon $8,218 Putnam $14
De Witt County $68,895 Pyote $22
DeCordova $13,778 Quanah $207
DeSoto $72,400 Queen City $4,837
Deaf Smith County $34,532 Quinlan $7,304
Dean $141 Quintana $492
Decatur $56,669 Quitaque $8
Deer Park $49,388 Quitman $15,619
Del Rio $59,056 Rains County $531190
Dell City $15 Ralls $3,967
Delta County $30,584 Rancho Viejo $3,836
Denison $210,426 Randall County $278,126
Denton $458,334 Ranger $12,186
Denton County $11132,298 Rankin $11613
Denver City $2,104 Ransom Canyon $930
Deport $42 Ravenna $685
Detroit $965 Raymondville $7,466
Devers $191 Reagan County $25,215
Page .9
Devine $4,354 Real County $5,073
Diboll $25,533 Red Lick $23
Dickens $71 Red Oak $26,843
Dickens County $1,873 Red River County $29,306
Dickinson $8303 Redwater $1,058
Dilley $21633 Reeves County $103,350
Dimmit County $33,294 Refugio $8,839
Dimmitt $1,012 Refugio County $46,216
Dodd City $17211 R,eklaw $1,136
Dodson $447 Reno $3,791
Domino $196 Reno $11,164
Donley County $22,370 Retreat $52
Donna $13,798 Rhome $121285
Dorchester $231 Rice $1,972
Double Oak $4,765 Richardson $260,315
Douglassville $574 Richland $210
Dripping Springs $811 Richland Hills $24438
Driscoll $39 Richland Springs $2,234
Dublin $14478 Richmond $7706
Dumas $26,229 Richwood $12,112
Duncanville $58,328 Riesel $1,118
Duval County $497109 Rio Bravo $8548
Eagle Lake $402 Rio Grande City $25,947
Eagle Pass $5605 Rio Hondo $3,550
Early $14,838 Rio Vista $41419
Earth $242 Rising Star $1,933
East Bernard $5,554 River Oaks $1017
East Mountain $2,494 Riverside $858
East Tawakoni $21723 Roanoke $275
Eastland $15,896 Roaring Springs $461
Eastland County $52,275 Robert Lee $85
Easton $329 Roberts County $547
Ector $1,108 Robertson County $44,642
Ector County $480,000 Robinson $18,002
Edcouch $41101 Robstown $401154
Eden $497 Roby $428
Edgeeliff Village $21232 Rochester $674
Edgewood $13,154 Rockdale $20,973
Edinburg $120,884 Rockport $54,253
Edmonson $136 Rocksprings $25
Page 10
Edna $181194 Rockwall $114,308
Edom $2 149 Rockwall County $168,820
Edwards County $975 Rocky Mound $280
El Campo $31,700 Rogers $3,818
El Cenizo $621 R.ollingwood $47754
El Lago $5,604 Roma $16,629
El Paso $1 224,371 Roman Forest $8,610
El Paso County $2,592,121 Ropesville $2,122
Eldorado $50 Roscoe $778
Electra $15,716 Rose City $4 012
Elgin $26,284 Rose Hill Acres $2,311
Elkhart $301 Rosebud $1,489
Ellis County $3151372 Rosenberg $126,593
Elmendorf $746 Ross $147
Elsa $7,720 Rosser $549
Emhouse $83 Rotan $1493
Emory $3,878 Round Mountain $454
Enchanted Oaks $17299 Round Rock $475,992
Encinal $1,515 Round Top $140
Ennis $81,839 Rowlett $99,963
Erath County $102,616 Roxton $47
Escobares $40 Royse City $23,494
Estelline $909 Rule $800
Euless $92,824 Runaway Bay $6,931
Eureka $334 Runge $255
Eustace $2,089 Runnels County $33,831
Evant $2,068 Rusk $17,991
Everman $7,692 Rusk County $151,390
Fair Oaks Ranch $8,077 Sabinal $1,811
Fairchilds $81 Sabine County $46,479
Fairfield $1,245 Sachse $231400
Fairview $32,245 Sadler $925
Falfurrias $2,221 Saginaw $311973
Falls City $41 Salado $3,210
Falls County $34,522 San Angelo $536,509
Fannin County $131,653 San Antonio $473651416
Farmers Branch $94,532 San Augustine $25,182
Farmersville $10,532 San Augustine County $37,854
Farwell $343 San Benito $40,015
Fate $37473 San Diego $11,771
Pale. ll
Fayette County $92,440 San Elizario $7,831
Fayetteville $391 San Felipe $1,498
Ferris $13,873 San Jacinto County $197,398
Fisher County $5,518 San Juan $28,845
Flatonia $5,661 San Leanna $36
Florence $3,949 San Marcos $325,688
Floresville $21,699 San Patricio $4,213
Flower Mound $2151256 San Patricio County $271,916
Floyd County $9,049 San Perlita $2,219
Floydada $6,357 San Saba $10,057
Foard County $57764 San Saba County $17,562
Follett $212 Sanctuary $17
Forest Hill $26,132 Sandy Oaks $9,863
Forney $80,112 Sandy Point $1,637
Forsan $576 Sanford $308
Fort Bend County $1,506,719 Sanger $22,237
Fort Stockton $47411 Sansom Park $223
Fort Worth $2,120,790 Santa Anna $329
Franklin $3,931 Santa Clara $87
Franklin County $25,783 Santa Fe $33,272
Frankston $274 Santa Rosa $2,138
Fredericksburg $56,486 Savoy $2,349
Freeport $72,973 Schertz $60,110
Freer $37271 Schleicher County $57695
Freestone County $50,495 Schulenburg $2,560
Friendswood $140,330 Scotland $148
Frio County $19,954 Scottsville $708
Friona $2,848 Scurry $1,110
Frisco $405,309 Scurry County $73,116
Fritch $4,548 Seabrook $30,270
Frost $321 Seadrift $991
Fruitvale $2,344 Seagoville $17,106
Fulshear $5,272 Seagraves $71531
Fulton $17602 Sealy $20,637
Gaines County $54,347 Seguin $376,538
Gainesville $153,980 Selma $221429
Galena Park $13,093 Seminole $16,092
Gallatin $11253 Seven Oaks $3,917
Galveston $488,187 Seven Points $7,452
Galveston County $17124,093 Seymour $14,218
Pn.gr. 12
Ganado $5,510 Shackelford County $1,288
Garden Ridge $11,351 Shady Shores $594
Garland $420,244 Shallowater $007
Garrett $2,510 Shamrock $41328
Garrison $3555 Shavano Park $3,178
Gary City $450 Shelby County $109,925
Garza County $8,944 Shenandoah $47,122
Gatesville $261994 Shepherd $147
George West $6,207 Sherman $330,585
Georgetown $225,896 Sherman County $7,930
Gholson $1,505 Shiner $4,042
Giddings $12,674 Shoreacres $958
Gillespie County $63,191 Silsbee $66,442
Gilmer $33,951 Silverton $14
Gladewater $24,638 Simonton $1906
Glasscock County $1 000 Sinton $23,658
Glen Rose $540 Slcellytown $400
Glenn Heights $165593 Slaton $154
Godley $3,115 Smiley $655
Goldsmith $677 Smith County $758,961
Goldthwaite $1,225 Smithville $17,009
Goliad $3,563 Smder $300
Goliad County $34;660 Snook $1,422
Golinda $100 Snyder $9,018
Gonzales $14,882 Socorro $111125
Gonzales County $33,230 Somerset $1,527
Goodlow $221 Somervell County $57,076
Goodrichh $9,643 Somerville $3,806
Gordon $365 Sonora $7,337
Goree $749 Sour Lake $17,856
Gorman $3,107 South Houston $25,620
Graford $23 South Mountain $154
Graham $235;428 South Padre Island $30,629
Granbury $71,735 Southlalce $70,846
Grand Prairie $445,439 Southmayd $7,096
Grand Saline $36,413 Southside Place $885
Grandfalls $65 Spearman $14,000
Grandview $6,600 Splendora $7,756
Granger $2,741 Spofford $7
Granite Shoals $11,834 Spring Valley Village $16,404
Page 13
Granjeno $43 Springlake $3
Grapeland $7,287 Springtown $14 244
Grapevine $129,195 Spur $427
Gray County $65,884 St. Hedwig $111
Grays Prairie $17 St. Jo $7,360
Grayson County $539,083 St. Paul $21
Greenville $203,112 Stafford $75;145
Gregg County $243,744 Stagecoach $3,036
Gregory $4,697 Stamford $398
Grey Forest $474 Stanton $3,838
Grimes County $94,878 Staples $19
Groesbeck $5,745 Star Harbor $151
Groom $965 Starr County $99,896
Groves $40,752 Stephens County $355244
Groveton $8,827 Stephenville $83,472
Gruver $1 166 Sterling City $62
Guadalupe County $146,824 Sterling County $939
Gun Barrel City $36,302 Stinnett $4,097
Gunter $4,609 Stockdale $741
Gustine $34 Stonewall County $1,822
Hackberry $94 Stratford $8,378
Hale Center $6,042 Strawn $987
Hale County $79,150 Streetman $5
Hall County $8,933 Sudan $32
Hallettsville $6,895 Sugar Land $321,561
Hallsburg $272 Sullivan City $6,121
Hallsville $10,239 Sulphur Springs $124,603
Haltom City $71,800 Sun Valley $4
Hamilton $3,581 Sundown $2,592
Hamilton County $661357 Sunnyvale $3,248
Hamlin $4,656 Sunray $2,571
Hansford County $16,416 Sunrise Beach Village $2,083
Happy $327 Sunset Valley $9,425
Hardeman County $151219 Surfside Beach $6,530
Hardin $100 Sutton County $6,541
Hardin County $379,800 Sweeny $4,503
Harker Heights $113,681 Sweetwater $684248
Harlingen $165,429 Swisher County $7,251
Harris County $14,966,202 Taft $5,861
Harrison County $1851910 Tahoka $430
Pnge i4
Hart $86 Talco $372
Hartley County $786 Talty $9,124
Haskell $10,829 Tarrant County $6,171,159
Haskell County $227011 Tatum $972
Haslet $1,908 Taylor $571945
Hawk Cove $674 Taylor County $351 078
Hawkins $7,932 Taylor Lake Village $412
Hawley $931 Taylor Landing $153
Hays $506 Teague $1,714
Hays County $529,489 Tehuacana $12
Hearne $16,824 Temple $280,747
Heath $28,751 Tenaha $4,718
Hebron $687 Terrell $148,706
Hedley $70 Terrell County $51737
Hedwig Village $13,067 Terrell Hills $9,858
Helotes $15,790 Terry County $251423
Hemphill $8,035 Texarkana $192,094
Hemphill County $14,394 Texas City $298,702
Hempstead $21,240 Texhonia $156
Henderson $59,966 Texline $865
Henderson County $327,965 The Colony $114,297
Henrietta $2,720 The Hills $17004
Hereford $20,423 Thompsons $1,897
Hewitt $19,776 Thorndale $1,595
Hickory Creek $16,510 Thornton $270
Hico $5,534 Thorntonville $87
Hidalgo $26,621 Thrall $825
Hidalgo County $1,253,103 Three Rivers $4,669
Hideaway $922 Throckmorton $29
Higgins $43 Throckmorton County $5,695
Highland Haven $320 Tiki Island $21178
Highland Park $43,383 Timbercreek Canyon $369
Highland Village $50,315 Timpson $12,642
Hill Country Village $67485 Tioga $2,390
Hill Comity $127,477 Tira $185
Hillcrest $5,345 Titus County $70,611
Hillsboro $46,609 Toco $4
Hilshire Village $859 Todd Mission $1,680
Hitchcock $28,796 Tolar $2,369
Hockley County $46,407 Tom Bean $2,293
Prege i5
Holiday Lakes $1,795 Tom Green County $282,427
Holland $77 Tomball $34,620
Holliday $5,910 Tool $14,787
Hollywood Park $9,424 Toyah $40
Hondo $115,288 Travis County $4,703,473
Honey Grove $7,196 Trent $63
Hood County $292,105 Trenton $3,089
Hooks $2,702 Trinidad $51859
Hopkins County $149518 Trinity $23,652
Horizon City $77520 Trinity County $105,766
Horseshoe Bay $48,173 Trophy Club $29,370
Houston County $78,648 Troup $71918
Houston $7,021,793 Troy $5,320
Howard County $89,330 Tulia $8,911
Howardwick $84 Turkey $737
Howe $9,177 Tuscola $138
Hubbard $3,635 Tye $17766
Hudson $6,840 Tyler $723,829
Hudson Oaks $15,637 Tyler County $131,743
Hudspeth County $985 Uhland $1,545
Hughes Springs $4,442 Uncertain $185
Humble $737952 Union Grove $994
Hunt County $3091851 Union Valley $666
Hunters Creek Village $14,708 Universal City $28,428
Huntington $8,792 University Park $501833
Huntsville $80,373 Upshur County $128,300
Hurst $99,187 Upton County $8,499
Hutchins $9,551 Uvalde $18,439
Hutchinson County $74,630 Uvalde County $36,244
Hutto $38,346 Val Verde County $117,815
Huxley $738 Valentine $207
Idalou $1,999 Valley Mills $2,228
Impact $8 Valley View $1,824
Indian Lake $473 Van $6,206
Industry $604 Van Alstyne $43,749
Ingleside on the Bay $142 Van Horn $211
Ingleside $40,487 Van Zandt County $248,747
Ingram $5,243 Vega $974
Iola $37164 Venus $97792
Iowa Colony $4,090 Vernon $815337
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Iowa Park $23487 Victoria $841598
Iraan $56 Victoria County $520,886
Iredell $216 Vidor $95,620
Irion County $97105 Vinton $622
Irving $427,818 Volente $333
Italy $5,349 Von Ormy $513
Itasca $8,694 Waco $512,007
Ivanhoe $26 Waelder $37427
Jacinto City $14,141 Waite Village $174
Jack County $14,799 Walker County $184,624
Jacksboro $23,254 Wailer County $126,206
Jackson County $37,984 Waller $11,295
Jacksonville $80,179 Wallis $2,698
Jamaica Beach $47913 Walnut Springs $183
Jarrell $2,423 Ward County $67,920
Jasper $78422 Warren City $66
Jasper County $2487855 Washington County $83,727
Dayton $63 Waskom $5,346
Jeff Davis County $8,500 Watauga $33,216
Jefferson $11,194 Waxahachie $152,094
Jefferson County $756,614 Weatherford $207,872
Jersey Village $36,347 Webb County $505,304
Jewett $9,338 Webberville $1,280
Jim Hogg County $12,718 Webster $53,202
Jim Wells County $166,539 Weimar $5,830
Joaquin $810 Weinert $234
Johnson City $3,581 Weir $443
Johnson County $408,692 Wellington $9,111
Jolly $26 Wellman $383
Jones County $22,001 Wells $1,357
Jones Creels $5,078 Weslaco $731949
Jonestown $6,419 West $31522
Josephine $881 West Columbia $17,958
Joshua $20,619 West Lake Hills $17,056
Jourdanton $9,600 West Orange $42,452
Junction $47825 West Tawakoni $6,995
Justin $8,575 West University Place $34,672
Karnes City $11,632 Westbrook $43
Karnes County $35,249 Westlake $411540
Katy $52467 Weston $266
Page i �
IKaufman $27607 Weston Lakes $189
IKaufman County $353,047 Westover Hills $4,509
Keene $38,296 Westworth Village $7,842
Keller $79,189 Wharton $311700
I{emah $281325 Wharton County $72,887
IKemp $6419 Wheeler $447
Kempner $330 Wheeler County $26,273
Kendall County $100,643 White Deer $1,273
I.Kendleton $13 White Oak $15i305
Kenedy $676 White Settlement $23,304
Kenedy County $1 000 Whiteface $155
Kenefick $416 Whitehouse $29,017
I.Kennard $132 Whitesboro $18,932
I{ennedale $21,024 Whitewright $7,098
I.Kent County $939 Whitney $73
Kerens $1,924 Wichita County $552,371
Kermit $5,652 Wichita Falls $832,574
I{err County $218,452 Wickett $87
IKerrville $1901357 Wilbarger County $551124
Kilgore $105,583 Willacy County $24,581
Killeen $5351650 Williamson County $1,195,987
Kimble County $201480 Willis $24,384
King County $1,000 Willow Park $261737
Kingsville $20,083 Wills Point $43,765
Kinney County $2,142 Wilmer $426
Kirby $8,752 Wilson $12
Kirbyville $1000 Wilson County $121,034
Kirvin $2 Winiberley $724
Kleberg County $124,109 Windcrest $12,908
Knoliwood $1,160 Windom $1,087
Knox City $17962 Windthorst $3,385
Knox County $11,730 Winfield $290
Kosse $2,468 Wink $120
Kountze $19,716 Winkler County $61,163
Kress $186 Winnsboro $28,791
Krugerville $1,508 Winona $319
Krum $9,661 Winters $6,229
Kurten $686 Wise County $289,074
Kyle $51,835 Wixon Valley $441
La Feria $10,381 Wolfe City $5466
Pr�gr. 1 £s
La Grange $9,623 Wolfforth $4,022
La Grulla $1 708 Wood County $267,048
La Joya $8,457 Woodbranch $9,617
La Marque $98,930 Woodcreek $358
La Porte $911532 Woodloch $U12
La Salle County $14,975 Woodsboro $1,130
La Vernia $3,217 Woodson $122
La Villa $572 Woodville $201340
La Ward $321 Woodway $25,713
LaCoste $159 Wortham $376
Lacy -Lakeview $11,599 Wylie $114,708
Ladonia $2,011 Yantis $2,072
Lago Vista $13,768 Yoakum County $34,924
Laguna Vista $309 Yoakum $201210
Lake Bridgeport $232 Yorktown $5,447
Lake City $2,918 Young County $44,120
Lake Dallas $257314 Zapata County $56,480
Lake Jackson $75,781 Zavala County $38,147
Lake Tanglewood $613 Zavalla $1,088
Lake Worth $20,051
Exhibit C: TY Opioid Council & Health Care Region Allocations plus Administrative Costs
70% of Total ($700 million
Health are Region Allocation*: $693 million; Administrative Costs: $7 million
Region Coturties in Health Care Region Allocation
Anderson, Bowie, Camp, Cass, Cherokee, Delta, Fannin, Franklin, Freestone, Gregg,
1 Harrison, Henderson, Hopkins, Houston, Hunt, Lamar, Marion, Morris, Panola, Rains,
Red, River, Rusk, Smith, Titus, Trinity, Upshur, Van, Zandt, Wood $38,223,336
2 Angelina; Brazoria, Galveston, Hardin, Jasper, Jefferson, Liberty, Nacogdoches, Newton,
Orange, Polk, Sabine, San Augustine, Saar Jacinto, Shelby, Tyler $54,149,215
3 Austin, Calhoun, Chambers, Colorado, Fort Bend, Harris, Matagorda, Waller, Wharton $120,965,680
4 Aransas, Bee, Brooks, De Witt, Duval, Goliad, Gonzales, Jackson, Jim Wells, Karnes,
Kenedy, Kleberg, Lavaca, Live Oak, Nueces, Refugio, San Patricio, Victoria $27,0477477
5 Cameron, Hidalgo, Starr, Willacy $17;619,875
6 Atascosa, Bandera, Bexar, Corral, Dimwit, Edwards, Frio, Gillespie, Guadalupe, I{endall,
Kerr, Kinney, La Salle, McMullen, Medina, Real, Uvalde, Val Verde, Wilson, Zavala $68,228,047
7 Bastrop, Caldwell, Fayette, Hays, Lee, Travis $50,489,691
8 Bell, Blanco, Burnet, Lampasas, Llano, Milani, Mills, San Saba, Williamson $24,220,521
9 Dallas, Kaufman $66,492,094
10 Ellis, Erath, Hood, Johnson, Navarro, Parker, Somervell, Tarrant, Wise $65,538,414
11 Brown, Callahan, Comanche; Eastland, Fisher, Haskell, Jones, Knox, Mitchell, Nolan,
Palo Pinto. Shackelford, Stephens, Stonewall, Taylor $9,509,818
Armstrong, Bailey, Borden, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth,
Cottle, Crosby, Danam, Dawson, Deaf Smith, Dickens, Donley, Floyd, Gaines, Garza,
12 Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, Kent, King, Lamb,
Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall,
Roberts, Scurry, Sherman, Swisher Terry, Wheeler, Yoakum $23,498,027
13 Coke, Coleman, Concho, Crockett, Irion, Kimble, Mason, McCulloch, Menard, Pecos,
Reagan, Runnels, Schleicher, Sterling, Sutton, Terrell, Tom Green $5,195,605
14 Andrews, Brewster, Crane, Culberson, Eetor, Glasscock, Howard, Jeff Davis, Loving,
Martin, Midland, Presidio, Reeves, Upton, Ward, Winkler $12,124,354
15 El Paso, Hudspeth $17,994,285
16 Bosque, Coryell, Falls, Hamilton, Hill, Limestone, McLennan $9,452,018
17 Brazos, Burleson, Grimes, Leon, Madison, Montgomery, Robertson, Walker, Washington $23,0421947
18 Collin, Denton, Grayson, Rockwall $391787,684
19 Archer, Baylor, Clay, Cooke, Foard, Hardeman, Jacic, Montague, Throcicmorton, Wichita,
Wilbarger, Young $12,665,268
20 Jim Hogg, Mavericic, Webb, Zapata $677557656
Administrative Costs $7,000,000
* Each Region shall reserve 25% of its allocation for Targeted Funds under the guidelines of Exhibit A.
EXHIBIT B
Subdivision Settlement Participation Form
Governmental Entity:
State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated July 21, 2021 ("Distributor Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Distributor Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Distributor Settlement,
understands that all terms in this Participation Form have the meanings defined therein,
and agrees that by signing this Participation Form, the Governmental Entity elects to
participate in the Distributor Settlement and become a Participating Subdivision as
provided therein.
2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the
filing of the Consent Judgment, secure the dismissal with prejudice of any Released
Claims that it has filed.
3. The Governmental Entity agrees to the terms of the Distributor Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Distributor Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Distributor
Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity's state where the Consent Judgment is filed for purposes limited to that court's role
as provided in, and for resolving disputes to the extent provided in, the Distributor
Settlement. The Governmental Entity likewise agrees to arbitrate before the National
Arbitration Panel as provided in, and for resolving disputes to the extent otherwise
provided in, the Distributor Settlement.
K-1
7. The Governmental Entity has the right to enforce the Distributor Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Distributor Settlement, including, but not limited to, all provisions of
Part XI, and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in their official
capacity elected or appointed to serve any of the foregoing and any agency, person, or
other entity claiming by or through any of the foregoing, and any other entity identified in
the definition of Releasor, provides for a release to the fullest extent of its authority. As a
Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably
covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or
claimed, or to otherwise seek to establish liability for any Released Claims against any
Released Entity in any forum whatsoever. The releases provided for in the Distributor
Settlement are intended by the Parties to be broad and shall be interpreted so as to give
the Released Entities the broadest possible bar against any liability relating in any way to
Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Distributor Settlement shall be a complete bar to any Released
Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Distributor Settlement.
10. In connection with the releases provided for in the Distributor Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release, and that if known by him or
her would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different frotn those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the Effective Date, any and all Released Claims that may
exist as of such date but which Releasors do not know or suspect to exist, whether
through ignorance, oversight, error, negligence or through no fault whatsoever, and
which, if known, would materially affect the Governmental Entities' decision to
participate in the Distributor Settlement.
K-2
11. Nothing herein is intended to modify in anyway the terms of the Distributor Settlement,
to which Governmental Entity hereby agrees. To the extent this Participation Form is
interpreted differently from the Distributor Settlement in any respect, the Distributor
Settlement controls.
I have all necessary power and authorization to execute this Participation Form on behalf of the
Governmental Entity.
Signature:
Name:
Title:
Date:
K-3