89R12617 CJD-D
By: King H.B. No. 4879
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a grant program to assist local law
enforcement agencies in testing certain substances suspected of
containing delta-9 tetrahydrocannabinol.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 772, Government Code, is
amended by adding Section 772.00791 to read as follows:
Sec. 772.00791. GRANT PROGRAM TO ASSIST LOCAL LAW
ENFORCEMENT IN TESTING SUBSTANCES FOR DELTA-9
TETRAHYDROCANNABINOL. (a) In this section, "criminal justice
division" means the criminal justice division established under
Section 772.006.
(b) The criminal justice division shall establish and
administer a grant program through which a law enforcement agency
may apply for a grant designed to assist the agency in testing a
substance suspected of containing delta-9 tetrahydrocannabinol in
a concentration exceeding 0.3 percent on a dry weight basis.
(c) A law enforcement agency is eligible to receive a grant
under the program established under this section only if the
agency:
(1) employs one or more peace officers described by
Article 2A.001(1), (2), or (3), Code of Criminal Procedure; and
(2) has entered into a written agreement with the
appropriate attorney representing the state that the attorney will
evaluate all evidence obtained from the testing described by
Subsection (b) submitted to the attorney by the agency to determine
whether prosecution is appropriate.
(d) The criminal justice division shall establish:
(1) eligibility criteria for grant applications;
(2) grant application procedures;
(3) guidelines relating to grant amounts; and
(4) procedures for evaluating grant applications.
(e) Grant money awarded under this section may be used to
pay for:
(1) hiring, training, and retaining personnel to test
a substance to determine the concentration of delta-9
tetrahydrocannabinol;
(2) acquiring, upgrading, or replacing technology or
equipment related to conducting testing to determine the
concentration of delta-9 tetrahydrocannabinol;
(3) contracting with a third-party laboratory for
testing to determine the concentration of delta-9
tetrahydrocannabinol; and
(4) upgrading record management systems to achieve
compliance with the reporting requirements under Subsection (f).
(f) A law enforcement agency that receives a grant awarded
under the program established under this section annually shall
report:
(1) the number of substances and the dry weight of
substances that were tested using a grant awarded under this
section;
(2) the number of substances and the dry weight of
substances tested that contained delta-9 tetrahydrocannabinol in a
concentration exceeding 0.3 percent on a dry weight basis;
(3) the types of substances tested;
(4) the average cost to test each type of substance;
(5) the number of citations or warrants issued based
on the testing of substances under a grant awarded under this
section;
(6) the status of the cases described by Subdivision
(5); and
(7) any other information required by the criminal
justice division.
(g) The criminal justice division shall include in the
biennial report required by Section 772.006(a)(9) a detailed
reporting of the results and performance of the grant program
administered under this section, including data aggregated by
region as determined by the division.
(h) The criminal justice division may use any revenue
available for purposes of this section.
(i) The criminal justice division shall adopt rules as
necessary to administer this section.
SECTION 2. 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.