Texas 2025 - 89th Regular

Texas Senate Bill SB1870 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Perry S.B. No. 1870
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	2	+	(In the Senate - Filed March 4, 2025; March 17, 2025, read
	3	+	first time and referred to Committee on Criminal Justice;
	4	+	April 10, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 5, Nays 0; April 10, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1870 By: Flores
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6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to municipal and county enforcement of drug and consumable
9	14		hemp product laws; providing civil penalties.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Subtitle C, Title 11, Local Government Code, is
12	17		amended by adding Chapter 366, and a heading is added to that
13	18		chapter to read as follows:
14	19		CHAPTER 366. ENFORCEMENT OF DRUG AND CONSUMABLE HEMP PRODUCT LAWS
15	20		SECTION 2. Chapter 366, Local Government Code, as added by
16	21		this Act, is amended by adding Section 366.001 to read as follows:
17	22		Sec. 366.001. DEFINITION. In this chapter, "local entity"
18	23		means:
19	24		(1) the governing body of a municipality;
20	25		(2) a commissioners court of a county;
21	26		(3) a sheriff, constable, or municipal police
22	27		department; and
23	28		(4) a district attorney, county attorney, criminal
24	29		district attorney, or municipal attorney.
25	30		SECTION 3. Section 370.003, Local Government Code, is
26	31		transferred to Chapter 366, Local Government Code, as added by this
27	32		Act, redesignated as Section 366.002, Local Government Code, and
28	33		amended to read as follows:
29	34		Sec. 366.002 [370.003]. LOCAL ENTITY [MUNICIPAL OR COUNTY
30	35		POLICY REGARDING] ENFORCEMENT OF DRUG AND CONSUMABLE HEMP PRODUCT
31	36		LAWS. (a) A local entity [The governing body of a municipality, the
32	37		commissioners court of a county, or a sheriff, municipal police
33	38		department, municipal attorney, county attorney, district
34	39		attorney, or criminal district attorney] may not adopt or enforce
35	40		an ordinance, order, rule, [a] policy, or other measure under which
36	41		the local entity will not fully enforce state laws relating to drugs
37	42		or consumable hemp products, including Chapters 443, 481, and 483,
38	43		Health and Safety Code[, and federal law].
39	44		(b) Notwithstanding any other law, a local entity may not
40	45		place an item on a ballot, including a municipal charter or charter
41	46		amendment, that would provide that the local entity will not fully
42	47		enforce a law described by Subsection (a).
43	48		SECTION 4. Chapter 366, Local Government Code, as added by
44	49		this Act, is amended by adding Sections 366.003, 366.004, and
45	50		366.005 to read as follows:
46	51		Sec. 366.003. COMPLAINT REGARDING DRUG OR CONSUMABLE HEMP
47	52		PRODUCT LAW ENFORCEMENT. (a) A citizen residing in this state may
48	53		file a complaint with the attorney general in the form and manner
49	54		prescribed by the attorney general if the citizen asserts facts
50	55		that support an allegation that a local entity has violated Section
51	56		366.002. The citizen must submit with the complaint a sworn
52	57		statement that to the best of the citizen's knowledge all of the
53	58		facts asserted in the complaint are true and correct.
54	59		(b) The attorney general shall:
55	60		(1) develop a form that a citizen residing in this
56	61		state may use to submit a complaint described by Subsection (a); and
57	62		(2) publish the complaint form on the attorney
58	63		general's Internet website.
59	64		Sec. 366.004. ATTORNEY GENERAL ACTION FOR EQUITABLE RELIEF.
60	65		(a) If, in response to a valid complaint under Section 366.003 or
61	66		in the attorney general's own discretion, the attorney general
62	67		determines that a violation of Section 366.002 has occurred, the
63	68		attorney general may file a petition for a writ of mandamus or apply
64	69		for other appropriate equitable relief in a district court in
65	70		Travis County, in a county that is represented or served wholly or
66	71		partly by the local entity alleged to have violated Section
67	72		366.002, or in a county that is adjacent to a county that is
68	73		represented by or is served wholly or partly by the local entity
69	74		alleged to have violated Section 366.002 to compel the local entity
70	75		to comply with Section 366.002.
71	76		(b) An action that is brought by the attorney general under
72	77		this section in a venue authorized by Subsection (a) may not be
73	78		transferred to a different venue without the written consent of the
74	79		attorney general.
75	80		(c) An appeal of an action brought under this section is
76	81		governed by the procedures in the Texas Rules of Appellate
77	82		Procedure for pursuing an accelerated appeal. The appellate court
78	83		shall render its final order or judgment with the least possible
79	84		delay.
80	85		Sec. 366.005. CIVIL PENALTIES. (a) A local entity that is
81	86		found by a court to have knowingly violated Section 366.002(a) is
82	87		liable to the state for a civil penalty in an amount not less than:
83	88		(1) $25,000 for the first violation; and
84	89		(2) $50,000 for each subsequent violation.
85	90		(b) A local entity that is found by a court to have knowingly
86	91		violated Section 366.002(b) is liable to the state for a civil
87	92		penalty in an amount not less than:
88	93		(1) $25,000 for the first violation; and
89	94		(2) $50,000 for each subsequent violation.
90	95		(c) Each day of a continuing violation described by
91	96		Subsection (a) or (b) is a separate violation. A violation is
92	97		considered to continue until the local entity proves by clear and
93	98		convincing evidence that the violation has been remedied.
94	99		(d) A local entity may incur a penalty under both
95	100		Subsections (a) and (b).
96	101		(e) A local entity's governmental immunity to suit and from
97	102		liability is waived to the extent of liability created by this
98	103		section. A local entity may not assert official immunity as a
99	104		defense to an action brought under this section.
100	105		(f) The attorney general may seek a civil penalty under this
101	106		section regardless of whether a citizen submitted a complaint under
102	107		Section 366.003.
103	108		SECTION 5. Chapter 366, Local Government Code, as added by
104	109		this Act, applies only to a cause of action that accrues on or after
105	110		the effective date of this Act.
106	111		SECTION 6. This Act takes effect immediately if it receives
107	112		a vote of two-thirds of all the members elected to each house, as
108	113		provided by Section 39, Article III, Texas Constitution. If this
109	114		Act does not receive the vote necessary for immediate effect, this
110	115		Act takes effect September 1, 2025.
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