89R718 LHC-F
By: Guillen H.B. No. 1837
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement and prevention of offenses involving
the manufacture or delivery of controlled substances listed in
Penalty Group 1-B, law enforcement officer safety in handling those
substances, and the manufacture and proper use of opioid
antagonists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.02098 to read as follows:
Sec. 411.02098. FENTANYL OFFENSES ENFORCEMENT TRAINING
PROGRAM. (a) The department, in coordination with local law
enforcement agencies, shall establish and administer a fentanyl
offenses enforcement training program for peace officers employed
by local law enforcement agencies that will prepare the officers
to:
(1) collaborate and cooperate with and assist any law
enforcement agency in the interdiction, investigation, and
prosecution of offenses under Section 481.1123, Health and Safety
Code; and
(2) collaborate and cooperate with and assist district
attorneys, county attorneys, the border prosecution unit, and other
prosecutors in the investigation and prosecution of allegations of
offenses under Section 481.1123, Health and Safety Code.
(b) The training program under Subsection (a) must include:
(1) information on:
(A) criminal activity related to a controlled
substance listed in Penalty Group 1-B under Section 481.1022,
Health and Safety Code, occurring along the Texas-Mexico border,
including manufacture and delivery of those controlled substances
carried out by cartels, transnational gangs, and other groups
engaged in organized criminal activity; and
(B) methods for identifying intrastate criminal
activity associated with the manufacture or delivery of a
controlled substance listed in Penalty Group 1-B under Section
481.1022, Health and Safety Code, and other organized criminal
activity related to those controlled substances; and
(2) best practices for:
(A) the investigation and prosecution of the
criminal activity described by Subdivision (1);
(B) the safest method, as determined by the
Health and Human Services Commission, for handling a controlled
substance listed in Penalty Group 1-B under Section 481.1022,
Health and Safety Code; and
(C) the proper use of an opioid antagonist, as
that term is defined by Section 483.101, Health and Safety Code.
SECTION 2. Subchapter H, Chapter 1701, Occupations Code, is
amended by adding Section 1701.360 to read as follows:
Sec. 1701.360. FENTANYL OFFENSES ENFORCEMENT TRAINING
PROGRAM. The commission may:
(1) recognize, or with the consent of the Department
of Public Safety administer or assist in administering, the
fentanyl offenses enforcement training program established under
Section 411.02098, Government Code, as a continuing education
program for officers; and
(2) credit an officer who successfully completes the
program described by Subdivision (1) with the appropriate number of
continuing education hours.
SECTION 3. (a) In this section, "opioid antagonist" has
the meaning assigned by Section 483.101, Health and Safety Code.
(b) The lethal opioid poisoning prevention task force is
established under this section to:
(1) compile data on criminal activity in the
Texas-Mexico border region related to the manufacture or delivery
of a controlled substance listed in Penalty Group 1-B under Section
481.1022, Health and Safety Code;
(2) develop best practices for:
(A) the investigation, interdiction, and
prosecution of criminal activity that constitutes an offense under
Section 481.1123, Health and Safety Code;
(B) the safe handling of a controlled substance
listed in Penalty Group 1-B under Section 481.1022, Health and
Safety Code; and
(C) the proper use of an opioid antagonist; and
(3) study methods to incentivize manufacturers of
opioid antagonists to increase production, particularly for opioid
antagonists to be used by law enforcement agencies of this state.
(c) The governor shall appoint to the task force:
(1) two members representing the Department of Public
Safety;
(2) two members representing the Health and Human
Services Commission; and
(3) two members representing the Texas Commission on
Law Enforcement.
(d) Not later than six months after the date the governor
appoints members to the task force, the task force shall submit to
the governor and the director of the Department of Public Safety a
report containing the data and best practices described by
Subsections (b)(1) and (2) of this section.
(e) Not later than December 1, 2026, the task force shall
submit a report to the legislature containing its findings
regarding the methods described by Subsection (b)(3) of this
section, including proposed legislation to increase the
manufacturing production of opioid antagonists.
(f) The task force established under this section is
abolished and this section expires January 1, 2027.
SECTION 4. As soon as practicable after the effective date
of this Act, the governor shall appoint the members of the task
force established by Section 3 of this Act.
SECTION 5. 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, 2025.