| 1 | 1 | | 85R8251 JSC-D |
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| 2 | 2 | | By: Lozano H.B. No. 2704 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a study on the use of portable testing equipment to |
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| 8 | 8 | | identify synthetic drugs. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. DEFINITIONS. In this Act: |
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| 11 | 11 | | (1) "Abusable synthetic substance" has the meaning |
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| 12 | 12 | | assigned by Section 484.001, Health and Safety Code. |
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| 13 | 13 | | (2) "Synthetic controlled substance" means a |
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| 14 | 14 | | substance listed in Penalty Group 2-A under Section 481.1031, |
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| 15 | 15 | | Health and Safety Code. |
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| 16 | 16 | | (3) "Synthetic drug" means an abusable synthetic |
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| 17 | 17 | | substance or a synthetic controlled substance. |
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| 18 | 18 | | (4) "Task force" means the Task Force on Synthetic |
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| 19 | 19 | | Drug Testing created under this Act. |
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| 20 | 20 | | SECTION 2. TASK FORCE; MEMBERSHIP. (a) The Task Force on |
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| 21 | 21 | | Synthetic Drug Testing is created to investigate the use of |
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| 22 | 22 | | portable testing devices for identification of synthetic drugs. |
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| 23 | 23 | | (b) The task force consists of nine members, appointed as |
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| 24 | 24 | | follows: |
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| 25 | 25 | | (1) one member appointed by the commissioner of the |
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| 26 | 26 | | Texas Commission on Law Enforcement; |
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| 27 | 27 | | (2) one member appointed by the public safety director |
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| 28 | 28 | | of the Department of Public Safety; |
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| 29 | 29 | | (3) one member appointed by the attorney general; |
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| 30 | 30 | | (4) two members appointed by the governor; |
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| 31 | 31 | | (5) two members appointed by the lieutenant governor; |
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| 32 | 32 | | and |
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| 33 | 33 | | (6) two members appointed by the speaker of the house |
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| 34 | 34 | | of representatives. |
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| 35 | 35 | | (c) The members of the task force shall elect a presiding |
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| 36 | 36 | | officer from among the membership. |
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| 37 | 37 | | (d) Members of the task force serve without compensation and |
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| 38 | 38 | | may not be reimbursed for travel or other expenses incurred while |
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| 39 | 39 | | conducting the business of the task force. |
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| 40 | 40 | | (e) The task force shall meet at the call of the presiding |
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| 41 | 41 | | officer. The task force may meet telephonically in accordance with |
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| 42 | 42 | | Section 551.125(b)(3), Government Code. |
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| 43 | 43 | | SECTION 3. STUDY; REPORT. (a) The task force shall conduct a |
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| 44 | 44 | | study on equipping law enforcement officers with portable testing |
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| 45 | 45 | | devices capable of identifying an unidentified substance as a |
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| 46 | 46 | | synthetic drug. |
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| 47 | 47 | | (b) The study must address: |
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| 48 | 48 | | (1) the accuracy of portable testing devices; |
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| 49 | 49 | | (2) the cost of portable testing devices; |
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| 50 | 50 | | (3) the admissibility in court of results of portable |
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| 51 | 51 | | testing devices; and |
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| 52 | 52 | | (4) any upgrades that would be needed to keep up with |
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| 53 | 53 | | the pace at which synthetic drugs are chemically modified. |
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| 54 | 54 | | (c) Not later than December 1, 2018, the task force shall |
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| 55 | 55 | | submit to the legislature a report on the feasibility and |
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| 56 | 56 | | desirability of equipping law enforcement officers with portable |
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| 57 | 57 | | testing devices. The report submitted under this subsection must |
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| 58 | 58 | | include any legislative recommendations by the task force. |
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| 59 | 59 | | SECTION 4. EXPIRATION. This Act expires and the task force |
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| 60 | 60 | | is abolished September 1, 2019. |
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| 61 | 61 | | SECTION 5. EFFECTIVE DATE. This Act takes effect |
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| 62 | 62 | | immediately if it receives a vote of two-thirds of all the members |
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| 63 | 63 | | elected to each house, as provided by Section 39, Article III, Texas |
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| 64 | 64 | | Constitution. If this Act does not receive the vote necessary for |
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| 65 | 65 | | immediate effect, this Act takes effect September 1, 2017. |
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