85R8251 JSC-D
By: Lozano H.B. No. 2704
A BILL TO BE ENTITLED
AN ACT
relating to a study on the use of portable testing equipment to
identify synthetic drugs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Abusable synthetic substance" has the meaning
assigned by Section 484.001, Health and Safety Code.
(2) "Synthetic controlled substance" means a
substance listed in Penalty Group 2-A under Section 481.1031,
Health and Safety Code.
(3) "Synthetic drug" means an abusable synthetic
substance or a synthetic controlled substance.
(4) "Task force" means the Task Force on Synthetic
Drug Testing created under this Act.
SECTION 2. TASK FORCE; MEMBERSHIP. (a) The Task Force on
Synthetic Drug Testing is created to investigate the use of
portable testing devices for identification of synthetic drugs.
(b) The task force consists of nine members, appointed as
follows:
(1) one member appointed by the commissioner of the
Texas Commission on Law Enforcement;
(2) one member appointed by the public safety director
of the Department of Public Safety;
(3) one member appointed by the attorney general;
(4) two members appointed by the governor;
(5) two members appointed by the lieutenant governor;
and
(6) two members appointed by the speaker of the house
of representatives.
(c) The members of the task force shall elect a presiding
officer from among the membership.
(d) Members of the task force serve without compensation and
may not be reimbursed for travel or other expenses incurred while
conducting the business of the task force.
(e) The task force shall meet at the call of the presiding
officer. The task force may meet telephonically in accordance with
Section 551.125(b)(3), Government Code.
SECTION 3. STUDY; REPORT. (a) The task force shall conduct a
study on equipping law enforcement officers with portable testing
devices capable of identifying an unidentified substance as a
synthetic drug.
(b) The study must address:
(1) the accuracy of portable testing devices;
(2) the cost of portable testing devices;
(3) the admissibility in court of results of portable
testing devices; and
(4) any upgrades that would be needed to keep up with
the pace at which synthetic drugs are chemically modified.
(c) Not later than December 1, 2018, the task force shall
submit to the legislature a report on the feasibility and
desirability of equipping law enforcement officers with portable
testing devices. The report submitted under this subsection must
include any legislative recommendations by the task force.
SECTION 4. EXPIRATION. This Act expires and the task force
is abolished September 1, 2019.
SECTION 5. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2017.