1 | 1 | | 89R718 LHC-F |
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2 | 2 | | By: Guillen H.B. No. 1837 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the enforcement and prevention of offenses involving |
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10 | 10 | | the manufacture or delivery of controlled substances listed in |
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11 | 11 | | Penalty Group 1-B, law enforcement officer safety in handling those |
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12 | 12 | | substances, and the manufacture and proper use of opioid |
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13 | 13 | | antagonists. |
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14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 15 | | SECTION 1. Subchapter A, Chapter 411, Government Code, is |
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16 | 16 | | amended by adding Section 411.02098 to read as follows: |
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17 | 17 | | Sec. 411.02098. FENTANYL OFFENSES ENFORCEMENT TRAINING |
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18 | 18 | | PROGRAM. (a) The department, in coordination with local law |
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19 | 19 | | enforcement agencies, shall establish and administer a fentanyl |
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20 | 20 | | offenses enforcement training program for peace officers employed |
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21 | 21 | | by local law enforcement agencies that will prepare the officers |
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22 | 22 | | to: |
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23 | 23 | | (1) collaborate and cooperate with and assist any law |
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24 | 24 | | enforcement agency in the interdiction, investigation, and |
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25 | 25 | | prosecution of offenses under Section 481.1123, Health and Safety |
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26 | 26 | | Code; and |
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27 | 27 | | (2) collaborate and cooperate with and assist district |
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28 | 28 | | attorneys, county attorneys, the border prosecution unit, and other |
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29 | 29 | | prosecutors in the investigation and prosecution of allegations of |
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30 | 30 | | offenses under Section 481.1123, Health and Safety Code. |
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31 | 31 | | (b) The training program under Subsection (a) must include: |
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32 | 32 | | (1) information on: |
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33 | 33 | | (A) criminal activity related to a controlled |
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34 | 34 | | substance listed in Penalty Group 1-B under Section 481.1022, |
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35 | 35 | | Health and Safety Code, occurring along the Texas-Mexico border, |
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36 | 36 | | including manufacture and delivery of those controlled substances |
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37 | 37 | | carried out by cartels, transnational gangs, and other groups |
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38 | 38 | | engaged in organized criminal activity; and |
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39 | 39 | | (B) methods for identifying intrastate criminal |
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40 | 40 | | activity associated with the manufacture or delivery of a |
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41 | 41 | | controlled substance listed in Penalty Group 1-B under Section |
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42 | 42 | | 481.1022, Health and Safety Code, and other organized criminal |
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43 | 43 | | activity related to those controlled substances; and |
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44 | 44 | | (2) best practices for: |
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45 | 45 | | (A) the investigation and prosecution of the |
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46 | 46 | | criminal activity described by Subdivision (1); |
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47 | 47 | | (B) the safest method, as determined by the |
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48 | 48 | | Health and Human Services Commission, for handling a controlled |
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49 | 49 | | substance listed in Penalty Group 1-B under Section 481.1022, |
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50 | 50 | | Health and Safety Code; and |
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51 | 51 | | (C) the proper use of an opioid antagonist, as |
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52 | 52 | | that term is defined by Section 483.101, Health and Safety Code. |
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53 | 53 | | SECTION 2. Subchapter H, Chapter 1701, Occupations Code, is |
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54 | 54 | | amended by adding Section 1701.360 to read as follows: |
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55 | 55 | | Sec. 1701.360. FENTANYL OFFENSES ENFORCEMENT TRAINING |
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56 | 56 | | PROGRAM. The commission may: |
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57 | 57 | | (1) recognize, or with the consent of the Department |
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58 | 58 | | of Public Safety administer or assist in administering, the |
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59 | 59 | | fentanyl offenses enforcement training program established under |
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60 | 60 | | Section 411.02098, Government Code, as a continuing education |
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61 | 61 | | program for officers; and |
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62 | 62 | | (2) credit an officer who successfully completes the |
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63 | 63 | | program described by Subdivision (1) with the appropriate number of |
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64 | 64 | | continuing education hours. |
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65 | 65 | | SECTION 3. (a) In this section, "opioid antagonist" has |
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66 | 66 | | the meaning assigned by Section 483.101, Health and Safety Code. |
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67 | 67 | | (b) The lethal opioid poisoning prevention task force is |
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68 | 68 | | established under this section to: |
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69 | 69 | | (1) compile data on criminal activity in the |
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70 | 70 | | Texas-Mexico border region related to the manufacture or delivery |
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71 | 71 | | of a controlled substance listed in Penalty Group 1-B under Section |
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72 | 72 | | 481.1022, Health and Safety Code; |
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73 | 73 | | (2) develop best practices for: |
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74 | 74 | | (A) the investigation, interdiction, and |
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75 | 75 | | prosecution of criminal activity that constitutes an offense under |
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76 | 76 | | Section 481.1123, Health and Safety Code; |
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77 | 77 | | (B) the safe handling of a controlled substance |
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78 | 78 | | listed in Penalty Group 1-B under Section 481.1022, Health and |
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79 | 79 | | Safety Code; and |
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80 | 80 | | (C) the proper use of an opioid antagonist; and |
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81 | 81 | | (3) study methods to incentivize manufacturers of |
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82 | 82 | | opioid antagonists to increase production, particularly for opioid |
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83 | 83 | | antagonists to be used by law enforcement agencies of this state. |
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84 | 84 | | (c) The governor shall appoint to the task force: |
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85 | 85 | | (1) two members representing the Department of Public |
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86 | 86 | | Safety; |
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87 | 87 | | (2) two members representing the Health and Human |
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88 | 88 | | Services Commission; and |
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89 | 89 | | (3) two members representing the Texas Commission on |
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90 | 90 | | Law Enforcement. |
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91 | 91 | | (d) Not later than six months after the date the governor |
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92 | 92 | | appoints members to the task force, the task force shall submit to |
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93 | 93 | | the governor and the director of the Department of Public Safety a |
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94 | 94 | | report containing the data and best practices described by |
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95 | 95 | | Subsections (b)(1) and (2) of this section. |
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96 | 96 | | (e) Not later than December 1, 2026, the task force shall |
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97 | 97 | | submit a report to the legislature containing its findings |
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98 | 98 | | regarding the methods described by Subsection (b)(3) of this |
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99 | 99 | | section, including proposed legislation to increase the |
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100 | 100 | | manufacturing production of opioid antagonists. |
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101 | 101 | | (f) The task force established under this section is |
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102 | 102 | | abolished and this section expires January 1, 2027. |
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103 | 103 | | SECTION 4. As soon as practicable after the effective date |
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104 | 104 | | of this Act, the governor shall appoint the members of the task |
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105 | 105 | | force established by Section 3 of this Act. |
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106 | 106 | | SECTION 5. This Act takes effect immediately if it receives |
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107 | 107 | | a vote of two-thirds of all the members elected to each house, as |
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108 | 108 | | provided by Section 39, Article III, Texas Constitution. If this |
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109 | 109 | | Act does not receive the vote necessary for immediate effect, this |
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110 | 110 | | Act takes effect September 1, 2025. |
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