Texas 2025 - 89th Regular

Texas House Bill HB5082 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Leach H.B. No. 5082
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to municipal and county enforcement of drug laws;
7	9		providing civil penalties.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 9.003(a), Local Government Code, is
10	12		amended to read as follows:
11	13		(a) Except as provided by Sections [Section] 9.0045 and
12	14		9.0046, the charter prepared by the charter commission shall be
13	15		submitted to the qualified voters of the municipality at an
14	16		election to be held on the first authorized uniform election date
15	17		prescribed by the Election Code that allows sufficient time to
16	18		comply with other requirements of law and that occurs on or after
17	19		the 40th day after the date the charter commission completes its
18	20		work. The governing body of the municipality shall provide for the
19	21		submission of the charter at the election to the extent that the
20	22		provisions for submission are not prescribed by general law.
21	23		SECTION 2. Section 9.004(a), Local Government Code, is
22	24		amended to read as follows:
23	25		(a) Except as provided by Sections [Section] 9.0045 and
24	26		9.0046, the governing body of a municipality on its own motion may
25	27		submit a proposed charter amendment to the municipality's qualified
26	28		voters for their approval at an election. The governing body shall
27	29		submit a proposed charter amendment to the voters for their
28	30		approval at an election if the submission is supported by a petition
29	31		signed by a number of qualified voters of the municipality equal to
30	32		at least five percent of the number of qualified voters of the
31	33		municipality or 20,000, whichever number is the smaller.
32	34		SECTION 3. Chapter 9, Local Government Code, is amended by
33	35		adding Section 9.0046 to read as follows:
34	36		Sec. 9.0046. CHARTER PROVISION INCONSISTENT WITH STATE OR
35	37		FEDERAL DRUG LAW. A municipality may not hold an election for voter
36	38		approval of a proposed charter or an amendment to a charter that
37	39		violates Section 370.003.
38	40		SECTION 4. Subchapter A, Chapter 51, Local Government Code,
39	41		is amended by adding Section 51.0021 to read as follows:
40	42		Sec. 51.0021. PROVISION INCONSISTENT WITH STATE OR FEDERAL
41	43		DRUG LAW. Notwithstanding Section 51.001, the governing body of a
42	44		municipality may not adopt, publish, enforce, repeal, maintain, or
43	45		amend an ordinance, order, policy, rule, or regulation that
44	46		violates Section 370.003.
45	47		SECTION 5. Chapter 370, Local Government Code, is amended
46	48		by adding Section 370.002 to read as follows:
47	49		Sec. 370.002. COMPLAINT; EQUITABLE RELIEF. (a) A citizen
48	50		residing in this state may file a complaint with the attorney
49	51		general if the citizen asserts facts supporting an allegation that
50	52		an entity described by Section 370.003 has violated that section.
51	53		The citizen must include a sworn statement with the complaint
52	54		stating that to the best of the citizen's knowledge all of the facts
53	55		asserted in the complaint are true and correct.
54	56		(b) If the attorney general determines that a complaint
55	57		filed under Subsection (a) against an entity is valid, the attorney
56	58		general may file a petition for a writ of mandamus or apply for
57	59		other appropriate equitable relief in a district court in Travis
58	60		County, in a county that is represented by or is served in whole or
59	61		in part by the entity, or in a county that borders a county that is
60	62		represented by or is served in whole or in part by the entity to
61	63		compel the entity that is suspected of violating Section 370.003 to
62	64		comply with that section.
63	65		(c) If the action is brought by the attorney general in a
64	66		venue authorized by this section, the action may not be transferred
65	67		to a different venue without the written consent of the attorney
66	68		general.
67	69		(d) The attorney general shall develop a form that a citizen
68	70		residing in this state may use for the submission of a complaint
69	71		under Subsection (a) and shall post the complaint form on the
70	72		attorney general's website.
71	73		(e) An appeal of a suit brought under Subsection (b) is
72	74		governed by the procedures for accelerated appeals in civil cases
73	75		under the Texas Rules of Appellate Procedure. The appellate court
74	76		shall render its final order or judgment with the least possible
75	77		delay.
76	78		SECTION 6. Section 370.003, Local Government Code, is
77	79		amended to read as follows:
78	80		Sec. 370.003. MUNICIPAL OR COUNTY PROVISION [POLICY]
79	81		REGARDING ENFORCEMENT OF DRUG LAWS. (a) The governing body of a
80	82		municipality, the commissioners court of a county, or a sheriff,
81	83		constable, municipal police department, municipal attorney, county
82	84		attorney, district attorney, or criminal district attorney may not
83	85		adopt, publish, enforce, repeal, maintain, or amend a policy,
84	86		ordinance, order, rule, regulation, charter, or charter amendment
85	87		under which the entity will not fully enforce laws relating to
86	88		drugs, including Chapters 481 and 483, Health and Safety Code, and
87	89		federal law.
88	90		(b) An entity described by Subsection (a) may not place an
89	91		item on a ballot or vote on an item if the item provides that the
90	92		entity will not fully enforce laws relating to drugs.
91	93		(c) An entity that is found by a court to have knowingly
92	94		violated Subsection (a) is subject to a civil penalty in an amount:
93	95		(1) not less than $25,000 for the first violation; and
94	96		(2) not less than $50,000 for each subsequent
95	97		violation.
96	98		(d) An entity that is found by a court to have knowingly
97	99		placed an item on a ballot in violation of Subsection (b) is subject
98	100		to a civil penalty for each day the item appears on the ballot in an
99	101		amount:
100	102		(1) not less than $25,000 for the first violation; and
101	103		(2) not less than $50,000 for each subsequent
102	104		violation.
103	105		(e) Each day of a continuing violation of Subsection (a) or
104	106		(b) constitutes a separate violation for the civil penalty under
105	107		this section. An entity that violates this section may incur a
106	108		penalty under both Subsections (a) and (b). A violation continues
107	109		unless an entity proves by clear and convincing evidence that the
108	110		violation has been remedied.
109	111		(f) The court that hears an action under this section shall
110	112		determine the amount of any civil penalty in the action.
111	113		(g) A civil penalty collected under this section shall be
112	114		deposited to the credit of the compensation to victims of crime fund
113	115		established under Subchapter J, Chapter 56B, Code of Criminal
114	116		Procedure.
115	117		(h) Sovereign immunity and governmental immunity of a
116	118		county and municipality to a suit are waived and abolished to the
117	119		extent of liability created by this section.
118	120		(i) In addition to any civil penalty awarded under this
119	121		section, the attorney general is entitled to recover court costs
120	122		and attorney's fees from an entity found civilly liable under this
121	123		section.
122	124		(j) The attorney general may seek a civil penalty for a
123	125		violation of this section regardless of whether a citizen submitted
124	126		a complaint to the attorney general under Section 370.002.
125	127		SECTION 7. Section 370.002, Local Government Code, as added
126	128		by this Act, and Section 370.003, Local Government Code, as amended
127	129		by this Act, apply only to a cause of action that accrues on or after
128	130		the effective date of this Act.
129	131		SECTION 8. This Act takes effect immediately if it receives
130	132		a vote of two-thirds of all the members elected to each house, as
131	133		provided by Section 39, Article III, Texas Constitution. If this
132	134		Act does not receive the vote necessary for immediate effect, this
133	135		Act takes effect September 1, 2025.