By: Leach H.B. No. 5082
A BILL TO BE ENTITLED
AN ACT
relating to municipal and county enforcement of drug laws;
providing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 9.003(a), Local Government Code, is
amended to read as follows:
(a) Except as provided by Sections [Section] 9.0045 and
9.0046, the charter prepared by the charter commission shall be
submitted to the qualified voters of the municipality at an
election to be held on the first authorized uniform election date
prescribed by the Election Code that allows sufficient time to
comply with other requirements of law and that occurs on or after
the 40th day after the date the charter commission completes its
work. The governing body of the municipality shall provide for the
submission of the charter at the election to the extent that the
provisions for submission are not prescribed by general law.
SECTION 2. Section 9.004(a), Local Government Code, is
amended to read as follows:
(a) Except as provided by Sections [Section] 9.0045 and
9.0046, the governing body of a municipality on its own motion may
submit a proposed charter amendment to the municipality's qualified
voters for their approval at an election. The governing body shall
submit a proposed charter amendment to the voters for their
approval at an election if the submission is supported by a petition
signed by a number of qualified voters of the municipality equal to
at least five percent of the number of qualified voters of the
municipality or 20,000, whichever number is the smaller.
SECTION 3. Chapter 9, Local Government Code, is amended by
adding Section 9.0046 to read as follows:
Sec. 9.0046. CHARTER PROVISION INCONSISTENT WITH STATE OR
FEDERAL DRUG LAW. A municipality may not hold an election for voter
approval of a proposed charter or an amendment to a charter that
violates Section 370.003.
SECTION 4. Subchapter A, Chapter 51, Local Government Code,
is amended by adding Section 51.0021 to read as follows:
Sec. 51.0021. PROVISION INCONSISTENT WITH STATE OR FEDERAL
DRUG LAW. Notwithstanding Section 51.001, the governing body of a
municipality may not adopt, publish, enforce, repeal, maintain, or
amend an ordinance, order, policy, rule, or regulation that
violates Section 370.003.
SECTION 5. Chapter 370, Local Government Code, is amended
by adding Section 370.002 to read as follows:
Sec. 370.002. COMPLAINT; EQUITABLE RELIEF. (a) A citizen
residing in this state may file a complaint with the attorney
general if the citizen asserts facts supporting an allegation that
an entity described by Section 370.003 has violated that section.
The citizen must include a sworn statement with the complaint
stating that to the best of the citizen's knowledge all of the facts
asserted in the complaint are true and correct.
(b) If the attorney general determines that a complaint
filed under Subsection (a) against an entity is valid, the attorney
general may file a petition for a writ of mandamus or apply for
other appropriate equitable relief in a district court in Travis
County, in a county that is represented by or is served in whole or
in part by the entity, or in a county that borders a county that is
represented by or is served in whole or in part by the entity to
compel the entity that is suspected of violating Section 370.003 to
comply with that section.
(c) If the action is brought by the attorney general in a
venue authorized by this section, the action may not be transferred
to a different venue without the written consent of the attorney
general.
(d) The attorney general shall develop a form that a citizen
residing in this state may use for the submission of a complaint
under Subsection (a) and shall post the complaint form on the
attorney general's website.
(e) An appeal of a suit brought under Subsection (b) is
governed by the procedures for accelerated appeals in civil cases
under the Texas Rules of Appellate Procedure. The appellate court
shall render its final order or judgment with the least possible
delay.
SECTION 6. Section 370.003, Local Government Code, is
amended to read as follows:
Sec. 370.003. MUNICIPAL OR COUNTY PROVISION [POLICY]
REGARDING ENFORCEMENT OF DRUG LAWS. (a) The governing body of a
municipality, the commissioners court of a county, or a sheriff,
constable, municipal police department, municipal attorney, county
attorney, district attorney, or criminal district attorney may not
adopt, publish, enforce, repeal, maintain, or amend a policy,
ordinance, order, rule, regulation, charter, or charter amendment
under which the entity will not fully enforce laws relating to
drugs, including Chapters 481 and 483, Health and Safety Code, and
federal law.
(b) An entity described by Subsection (a) may not place an
item on a ballot or vote on an item if the item provides that the
entity will not fully enforce laws relating to drugs.
(c) An entity that is found by a court to have knowingly
violated Subsection (a) is subject to a civil penalty in an amount:
(1) not less than $25,000 for the first violation; and
(2) not less than $50,000 for each subsequent
violation.
(d) An entity that is found by a court to have knowingly
placed an item on a ballot in violation of Subsection (b) is subject
to a civil penalty for each day the item appears on the ballot in an
amount:
(1) not less than $25,000 for the first violation; and
(2) not less than $50,000 for each subsequent
violation.
(e) Each day of a continuing violation of Subsection (a) or
(b) constitutes a separate violation for the civil penalty under
this section. An entity that violates this section may incur a
penalty under both Subsections (a) and (b). A violation continues
unless an entity proves by clear and convincing evidence that the
violation has been remedied.
(f) The court that hears an action under this section shall
determine the amount of any civil penalty in the action.
(g) A civil penalty collected under this section shall be
deposited to the credit of the compensation to victims of crime fund
established under Subchapter J, Chapter 56B, Code of Criminal
Procedure.
(h) Sovereign immunity and governmental immunity of a
county and municipality to a suit are waived and abolished to the
extent of liability created by this section.
(i) In addition to any civil penalty awarded under this
section, the attorney general is entitled to recover court costs
and attorney's fees from an entity found civilly liable under this
section.
(j) The attorney general may seek a civil penalty for a
violation of this section regardless of whether a citizen submitted
a complaint to the attorney general under Section 370.002.
SECTION 7. Section 370.002, Local Government Code, as added
by this Act, and Section 370.003, Local Government Code, as amended
by this Act, apply only to a cause of action that accrues on or after
the effective date of this Act.
SECTION 8. 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.