BILL ANALYSIS Senate Research Center C.S.S.B. 1870 89R22952 MZM-F By: Perry Criminal Justice 4/8/2025 Committee Report (Substituted) 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 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 drug laws and consumable hemp product 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 drug laws. The 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. (Original Author's/Sponsor's Statement of Intent) C.S.S.B. 1870 amends current law relating to municipal and county enforcement of drug and consumable hemp product 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 Subtitle C, Title 11, Local Government Code, by adding Chapter 366, and adding a heading to that chapter to read as follows: CHAPTER 366. ENFORCEMENT OF DRUG AND CONSUMABLE HEMP PRODUCT LAWS SECTION 2. Amends Chapter 366, Local Government Code, as added by this Act, by adding Section 366.001, to define "local entity." SECTION 3. Transfers Section 370.003, Local Government Code, to Chapter 366, Local Government Code, as added by this Act, redesignates it as Section 366.002, Local Government Code, and amends it, as follows: Sec. 366.002. New heading: LOCAL ENTITY ENFORCEMENT OF DRUG AND CONSUMABLE HEMP PRODUCT LAWS. Redesignates existing Section 370.003 as Section 366.002. (a) Creates this subsection from existing text. Prohibits a local entity from adopting or enforcing an ordinance, order, rule, policy, or other measure under which the local entity will not fully enforce state laws relating to drugs or consumable hemp products, including Chapters 443 (Manufacture, Distribution, and Sale of Consumable Hemp Products), 481 (Texas Controlled Substances Act), and 483 (Dangerous Drugs), Health and Safety Code. Deletes existing text prohibiting the governing body of a municipality, the commissioners court of a county, or a sheriff, municipal police department, municipal attorney, county attorney, district attorney, or criminal district attorney from adopting a policy 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) Prohibits a local entity, notwithstanding any other law, from placing an item on a ballot, including a municipal charter or charter amendment, that would provide that the local entity will not fully enforce a law described by Subsection (a). SECTION 4. Amends Chapter 366, Local Government Code, as added by this Act, by adding Sections 366.003, 366.004, and 366.005, as follows: Sec. 366.003. COMPLAINT REGARDING DRUG OR CONSUMABLE HEMP PRODUCT LAW ENFORCEMENT. (a) Authorizes a citizen residing in this state to file a complaint with the attorney general in the form and manner prescribed by the attorney general if the citizen asserts facts that support an allegation that a local entity has violated Section 366.002. Requires the citizen to submit with the complaint a sworn statement that to the best of the citizen's knowledge all of the facts asserted in the complaint are true and correct. (b) Requires the attorney general to develop a form that a citizen residing in this state is authorized to use to submit a complaint described by Subsection (a) and publish the complaint form on the attorney general's Internet website. Sec. 366.004. ATTORNEY GENERAL ACTION FOR EQUITABLE RELIEF. (a) Authorizes the attorney general, if, in response to a valid complaint under Section 366.003 or in the attorney general's own discretion, the attorney general determines that a violation of Section 366.002 has occurred, 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 or served wholly or partly by the local entity alleged to have violated Section 366.002, or in a county that is adjacent to a county that is represented by or is served wholly or partly by the local entity alleged to have violated Section 366.002 to compel the local entity to comply with Section 366.002. (b) Prohibits an action that is brought by the attorney general under this section in a venue authorized by Subsection (a) from being transferred to a different venue without the written consent of the attorney general. (c) Provides that an appeal of an action brought under this section is governed by the procedures in the Texas Rules of Appellate Procedure for pursuing an accelerated appeal. Requires the appellate court to render its final order or judgment with the least possible delay. Sec. 366.005. CIVIL PENALTIES. (a) Provides that a local entity that is found by a court to have knowingly violated Section 366.002(a) is liable to the state for a civil penalty in an amount not less than $25,000 for the first violation and $50,000 for each subsequent violation. (b) Provides that a local entity that is found by a court to have knowingly violated Section 366.002(b) is liable to the state for a civil penalty in an amount not less than $25,000 for the first violation and $50,000 for each subsequent violation. (c) Provides that each day of a continuing violation described by Subsection (a) or (b) is a separate violation. Provides that a violation is considered to continue until the local entity proves by clear and convincing evidence that the violation has been remedied. (d) Authorizes a local entity to incur a penalty under both Subsections (a) and (b). (e) Provides that a local entity's governmental immunity to suit and from liability is waived to the extent of liability created by this section. Prohibits a local entity from asserting official immunity as a defense to an action brought under this section. (f) Authorizes the attorney general to seek a civil penalty under this section regardless of whether a citizen submitted a complaint under Section 366.003. SECTION 5. Makes application of Chapter 366, Local Government Code, as added by this Act, prospective. SECTION 6. Effective date: upon passage or September 1, 2025.
BILL ANALYSIS
Senate Research Center C.S.S.B. 1870
89R22952 MZM-F By: Perry
Criminal Justice
4/8/2025
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 1870
89R22952 MZM-F
By: Perry
Criminal Justice
4/8/2025
Committee Report (Substituted)
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 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 drug laws and consumable hemp product 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 drug laws. The 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.
(Original Author's/Sponsor's Statement of Intent)
C.S.S.B. 1870 amends current law relating to municipal and county enforcement of drug and consumable hemp product 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 Subtitle C, Title 11, Local Government Code, by adding Chapter 366, and adding a heading to that chapter to read as follows:
CHAPTER 366. ENFORCEMENT OF DRUG AND CONSUMABLE HEMP PRODUCT LAWS
SECTION 2. Amends Chapter 366, Local Government Code, as added by this Act, by adding Section 366.001, to define "local entity."
SECTION 3. Transfers Section 370.003, Local Government Code, to Chapter 366, Local Government Code, as added by this Act, redesignates it as Section 366.002, Local Government Code, and amends it, as follows:
Sec. 366.002. New heading: LOCAL ENTITY ENFORCEMENT OF DRUG AND CONSUMABLE HEMP PRODUCT LAWS. Redesignates existing Section 370.003 as Section 366.002. (a) Creates this subsection from existing text. Prohibits a local entity from adopting or enforcing an ordinance, order, rule, policy, or other measure under which the local entity will not fully enforce state laws relating to drugs or consumable hemp products, including Chapters 443 (Manufacture, Distribution, and Sale of Consumable Hemp Products), 481 (Texas Controlled Substances Act), and 483 (Dangerous Drugs), Health and Safety Code. Deletes existing text prohibiting the governing body of a municipality, the commissioners court of a county, or a sheriff, municipal police department, municipal attorney, county attorney, district attorney, or criminal district attorney from adopting a policy 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) Prohibits a local entity, notwithstanding any other law, from placing an item on a ballot, including a municipal charter or charter amendment, that would provide that the local entity will not fully enforce a law described by Subsection (a).
SECTION 4. Amends Chapter 366, Local Government Code, as added by this Act, by adding Sections 366.003, 366.004, and 366.005, as follows:
Sec. 366.003. COMPLAINT REGARDING DRUG OR CONSUMABLE HEMP PRODUCT LAW ENFORCEMENT. (a) Authorizes a citizen residing in this state to file a complaint with the attorney general in the form and manner prescribed by the attorney general if the citizen asserts facts that support an allegation that a local entity has violated Section 366.002. Requires the citizen to submit with the complaint a sworn statement that to the best of the citizen's knowledge all of the facts asserted in the complaint are true and correct.
(b) Requires the attorney general to develop a form that a citizen residing in this state is authorized to use to submit a complaint described by Subsection (a) and publish the complaint form on the attorney general's Internet website.
Sec. 366.004. ATTORNEY GENERAL ACTION FOR EQUITABLE RELIEF. (a) Authorizes the attorney general, if, in response to a valid complaint under Section 366.003 or in the attorney general's own discretion, the attorney general determines that a violation of Section 366.002 has occurred, 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 or served wholly or partly by the local entity alleged to have violated Section 366.002, or in a county that is adjacent to a county that is represented by or is served wholly or partly by the local entity alleged to have violated Section 366.002 to compel the local entity to comply with Section 366.002.
(b) Prohibits an action that is brought by the attorney general under this section in a venue authorized by Subsection (a) from being transferred to a different venue without the written consent of the attorney general.
(c) Provides that an appeal of an action brought under this section is governed by the procedures in the Texas Rules of Appellate Procedure for pursuing an accelerated appeal. Requires the appellate court to render its final order or judgment with the least possible delay.
Sec. 366.005. CIVIL PENALTIES. (a) Provides that a local entity that is found by a court to have knowingly violated Section 366.002(a) is liable to the state for a civil penalty in an amount not less than $25,000 for the first violation and $50,000 for each subsequent violation.
(b) Provides that a local entity that is found by a court to have knowingly violated Section 366.002(b) is liable to the state for a civil penalty in an amount not less than $25,000 for the first violation and $50,000 for each subsequent violation.
(c) Provides that each day of a continuing violation described by Subsection (a) or (b) is a separate violation. Provides that a violation is considered to continue until the local entity proves by clear and convincing evidence that the violation has been remedied.
(d) Authorizes a local entity to incur a penalty under both Subsections (a) and (b).
(e) Provides that a local entity's governmental immunity to suit and from liability is waived to the extent of liability created by this section. Prohibits a local entity from asserting official immunity as a defense to an action brought under this section.
(f) Authorizes the attorney general to seek a civil penalty under this section regardless of whether a citizen submitted a complaint under Section 366.003.
SECTION 5. Makes application of Chapter 366, Local Government Code, as added by this Act, prospective.
SECTION 6. Effective date: upon passage or September 1, 2025.