Texas 2017 85th Regular

Texas House Bill HB73 Introduced / Fiscal Note

Filed 02/02/2025

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                    LEGISLATIVE BUDGET BOARD    Austin, Texas      FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION            April 6, 2017      TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence      FROM: Ursula Parks, Director, Legislative Budget Board     IN RE:HB73 by Guillen (Relating to a defense to prosecution for certain offenses involving possession of small amounts of controlled substances and other prohibited drugs, substances, or paraphernalia for defendants seeking assistance for a suspected overdose.), As Introduced    No significant fiscal implication to the State is anticipated.  The bill would amend the Health and Safety Code to establish a defense to possession of a controlled substance in certain circumstances.  The bill would create a defense to prosecution if the person was the first to request emergency medical assistance and met certain other criteria or if the person was the victim of a possible overdose for which emergency medical assistance was requested.  The Office of Court Administration has indicated that while the bill may result in a decrease in the number of convictions for possession of a controlled substance, no significant impact on the state court system is anticipated. Local Government Impact While the bill may result in a decrease in the number of convictions for possession of a controlled substance, no significant fiscal impact on local courts is anticipated.    Source Agencies:212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety   LBB Staff:  UP, KJo, PBO    

LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION
April 6, 2017





  TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence      FROM: Ursula Parks, Director, Legislative Budget Board     IN RE:HB73 by Guillen (Relating to a defense to prosecution for certain offenses involving possession of small amounts of controlled substances and other prohibited drugs, substances, or paraphernalia for defendants seeking assistance for a suspected overdose.), As Introduced  

TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB73 by Guillen (Relating to a defense to prosecution for certain offenses involving possession of small amounts of controlled substances and other prohibited drugs, substances, or paraphernalia for defendants seeking assistance for a suspected overdose.), As Introduced

 Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence 

 Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence 

 Ursula Parks, Director, Legislative Budget Board

 Ursula Parks, Director, Legislative Budget Board

HB73 by Guillen (Relating to a defense to prosecution for certain offenses involving possession of small amounts of controlled substances and other prohibited drugs, substances, or paraphernalia for defendants seeking assistance for a suspected overdose.), As Introduced

HB73 by Guillen (Relating to a defense to prosecution for certain offenses involving possession of small amounts of controlled substances and other prohibited drugs, substances, or paraphernalia for defendants seeking assistance for a suspected overdose.), As Introduced



No significant fiscal implication to the State is anticipated.

No significant fiscal implication to the State is anticipated.



The bill would amend the Health and Safety Code to establish a defense to possession of a controlled substance in certain circumstances.  The bill would create a defense to prosecution if the person was the first to request emergency medical assistance and met certain other criteria or if the person was the victim of a possible overdose for which emergency medical assistance was requested.  The Office of Court Administration has indicated that while the bill may result in a decrease in the number of convictions for possession of a controlled substance, no significant impact on the state court system is anticipated.

Local Government Impact

While the bill may result in a decrease in the number of convictions for possession of a controlled substance, no significant fiscal impact on local courts is anticipated.

Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety

212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety

LBB Staff: UP, KJo, PBO

 UP, KJo, PBO