BILL ANALYSIS Senate Research Center S.B. 1870 By: Perry Criminal Justice 4/4/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In the last few years several local governments have adopted policies and ordinances that are designed to decriminalize controlled substances or instruct law enforcement or prosecutors not to enforce our state and federal drug laws. In 2024, the attorney general launched lawsuits against multiple cities for adopting non-prosecution policies that violate Texas laws concerning marijuana possession and distribution. Although these lawsuits are still pending, this is a growing trend across our state. The proposed legislation prohibits local government agencies from publishing, enforcing, repealing, maintaining, or amending a policy, ordinance, order, rule, regulation, charter, or charter amendment under which the entity will not fully enforce state and federal drug laws. This bill allows members of the public to submit complaints to the Office of the Attorney General regarding local governments that fail to comply with state or federal drug laws. This bill authorizes the attorney general to seek a civil penalty in an amount not less than $25,000 for the first violation, and not less than $50,000 for each subsequent violation if a local government agency violates this law. As proposed, S.B. 1870 amends current law relating to municipal and county enforcement of drug laws and provides civil penalties. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 9.003(a), Local Government Code, to create an exception under Section 9.0046. SECTION 2. Amends Section 9.004(a), Local Government Code, to create an exception under Section 9.0046. SECTION 3. Amends Chapter 9, Local Government Code, by adding Section 9.0046, as follows: Sec. 9.0046. CHARTER PROVISION INCONSISTENT WITH STATE OR FEDERAL DRUG LAW. Prohibits a municipality from holding an election for voter approval of a proposed charter or an amendment to a charter that violates Section 370.003. SECTION 4. Amends Subchapter A, Chapter 51, Local Government Code, by adding Section 51.0021, as follows: Sec. 51.0021. PROVISION INCONSISTENT WITH STATE OR FEDERAL DRUG LAW. Prohibits the governing body of a municipality, notwithstanding Section 51.001 (Ordinance, Rule, or Regulation Necessary to Carry Out Other Powers), from adopting, publishing, enforcing, repealing, maintaining, or amending an ordinance, order, policy, rule, or regulation that violates Section 370.003. SECTION 5. Amends Chapter 370, Local Government Code, by adding Section 370.002, as follows: Sec. 370.002. COMPLAINT; EQUITABLE RELIEF. (a) Authorizes a citizen residing in this state to 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. Requires the citizen to 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) Authorizes the attorney general, if the attorney general determines that a complaint filed under Subsection (a) against an entity is valid, to 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) Prohibits an action, if the action is brought by the attorney general in a venue authorized by this section, from being transferred to a different venue without the written consent of the attorney general. (d) Requires the attorney general to develop a form that a citizen residing in this state is authorized to use for the submission of a complaint under Subsection (a) and to post the complaint form on the attorney general's website. (e) Provides that 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. Requires the appellate court to render its final order or judgment with the least possible delay. SECTION 6. Amends Section 370.003, Local Government Code, as follows: Sec. 370.003. New heading: MUNICIPAL OR COUNTY PROVISION REGARDING ENFORCEMENT OF DRUG LAWS. (a) Creates this subsection from existing text. Prohibits certain entities, including a constable, from adopting, publishing, enforcing, repealing, maintaining, or amending 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 (Texas Controlled Substances Act) and 483 (Dangerous Drugs), Health and Safety Code, and federal law. (b) Prohibits an entity described by Subsection (a) from placing 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) Provides that an entity that is found by a court to have knowingly violated Subsection (a) is subject to a civil penalty in an amount not less than $25,000 for the first violation and not less than $50,000 for each subsequent violation. (d) Provides that 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 not less than $25,000 for the first violation and not less than $50,000 for each subsequent violation. (e) Provides that each day of a continuing violation of Subsection (a) or (b) constitutes a separate violation for the civil penalty under this section. Authorizes an entity that violates this section to incur a penalty under both Subsections (a) and (b). Provides that a violation continues unless an entity proves by clear and convincing evidence that the violation has been remedied. (f) Requires the court that hears an action under this section to determine the amount of any civil penalty in the action. (g) Requires that a civil penalty collected under this section be deposited to the credit of the compensation to victims of crime fund established under Subchapter J (Funds), Chapter 56B (Crime Victims' Compensation), Code of Criminal Procedure. (h) Provides that 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) Entitles the attorney general, in addition to any civil penalty awarded under this section, to recover court costs and attorney's fees from an entity found civilly liable under this section. (j) Authorizes the attorney general to 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. Makes application of Section 370.002, Local Government Code, as added by this Act, and Section 370.003, Local Government Code, as amended by this Act, prospective. SECTION 8. Effective date: upon passage or September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1870
By: Perry
Criminal Justice
4/4/2025
As Filed
Senate Research Center
S.B. 1870
By: Perry
Criminal Justice
4/4/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In the last few years several local governments have adopted policies and ordinances that are designed to decriminalize controlled substances or instruct law enforcement or prosecutors not to enforce our state and federal drug laws. In 2024, the attorney general launched lawsuits against multiple cities for adopting non-prosecution policies that violate Texas laws concerning marijuana possession and distribution. Although these lawsuits are still pending, this is a growing trend across our state.
The proposed legislation prohibits local government agencies from publishing, enforcing, repealing, maintaining, or amending a policy, ordinance, order, rule, regulation, charter, or charter amendment under which the entity will not fully enforce state and federal drug laws.
This bill allows members of the public to submit complaints to the Office of the Attorney General regarding local governments that fail to comply with state or federal drug laws. This bill authorizes the attorney general to seek a civil penalty in an amount not less than $25,000 for the first violation, and not less than $50,000 for each subsequent violation if a local government agency violates this law.
As proposed, S.B. 1870 amends current law relating to municipal and county enforcement of drug laws and provides civil penalties.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 9.003(a), Local Government Code, to create an exception under Section 9.0046.
SECTION 2. Amends Section 9.004(a), Local Government Code, to create an exception under Section 9.0046.
SECTION 3. Amends Chapter 9, Local Government Code, by adding Section 9.0046, as follows:
Sec. 9.0046. CHARTER PROVISION INCONSISTENT WITH STATE OR FEDERAL DRUG LAW. Prohibits a municipality from holding an election for voter approval of a proposed charter or an amendment to a charter that violates Section 370.003.
SECTION 4. Amends Subchapter A, Chapter 51, Local Government Code, by adding Section 51.0021, as follows:
Sec. 51.0021. PROVISION INCONSISTENT WITH STATE OR FEDERAL DRUG LAW. Prohibits the governing body of a municipality, notwithstanding Section 51.001 (Ordinance, Rule, or Regulation Necessary to Carry Out Other Powers), from adopting, publishing, enforcing, repealing, maintaining, or amending an ordinance, order, policy, rule, or regulation that violates Section 370.003.
SECTION 5. Amends Chapter 370, Local Government Code, by adding Section 370.002, as follows:
Sec. 370.002. COMPLAINT; EQUITABLE RELIEF. (a) Authorizes a citizen residing in this state to 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. Requires the citizen to 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) Authorizes the attorney general, if the attorney general determines that a complaint filed under Subsection (a) against an entity is valid, to 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) Prohibits an action, if the action is brought by the attorney general in a venue authorized by this section, from being transferred to a different venue without the written consent of the attorney general.
(d) Requires the attorney general to develop a form that a citizen residing in this state is authorized to use for the submission of a complaint under Subsection (a) and to post the complaint form on the attorney general's website.
(e) Provides that 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. Requires the appellate court to render its final order or judgment with the least possible delay.
SECTION 6. Amends Section 370.003, Local Government Code, as follows:
Sec. 370.003. New heading: MUNICIPAL OR COUNTY PROVISION REGARDING ENFORCEMENT OF DRUG LAWS. (a) Creates this subsection from existing text. Prohibits certain entities, including a constable, from adopting, publishing, enforcing, repealing, maintaining, or amending 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 (Texas Controlled Substances Act) and 483 (Dangerous Drugs), Health and Safety Code, and federal law.
(b) Prohibits an entity described by Subsection (a) from placing 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) Provides that an entity that is found by a court to have knowingly violated Subsection (a) is subject to a civil penalty in an amount not less than $25,000 for the first violation and not less than $50,000 for each subsequent violation.
(d) Provides that 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 not less than $25,000 for the first violation and not less than $50,000 for each subsequent violation.
(e) Provides that each day of a continuing violation of Subsection (a) or (b) constitutes a separate violation for the civil penalty under this section. Authorizes an entity that violates this section to incur a penalty under both Subsections (a) and (b). Provides that a violation continues unless an entity proves by clear and convincing evidence that the violation has been remedied.
(f) Requires the court that hears an action under this section to determine the amount of any civil penalty in the action.
(g) Requires that a civil penalty collected under this section be deposited to the credit of the compensation to victims of crime fund established under Subchapter J (Funds), Chapter 56B (Crime Victims' Compensation), Code of Criminal Procedure.
(h) Provides that 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) Entitles the attorney general, in addition to any civil penalty awarded under this section, to recover court costs and attorney's fees from an entity found civilly liable under this section.
(j) Authorizes the attorney general to 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. Makes application of Section 370.002, Local Government Code, as added by this Act, and Section 370.003, Local Government Code, as amended by this Act, prospective.
SECTION 8. Effective date: upon passage or September 1, 2025.