Relating to the enforcement and prevention of offenses involving the manufacture or delivery of controlled substances listed in Penalty Group 1 or 1-B, law enforcement officer safety in handling those substances, and the manufacture and proper use of opioid antagonists.

89(R) HB 1837 - Engrossed version - Bill Text

89R22569 LHC-F

By: Guillen, McQueeney, Leo Wilson

H.B. No. 1837

A BILL TO BE ENTITLED

AN ACT

relating to the enforcement and prevention of offenses involving

the manufacture or delivery of controlled substances listed in

Penalty Group 1 or 1-B, law enforcement officer safety in handling

those substances, and the manufacture and proper use of opioid

antagonists.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 411, Government Code, is

amended by adding Section 411.02098 to read as follows:

Sec.

411.02098.

DANGEROUS CONTROLLED SUBSTANCE OFFENSES

ENFORCEMENT TRAINING PROGRAM. (a) The department, in coordination

with local law enforcement agencies, shall establish and administer

a dangerous controlled substance offenses enforcement training

program for peace officers employed by local law enforcement

agencies that will prepare the officers to:

(1)

collaborate and cooperate with and assist any law

enforcement agency in the interdiction, investigation, and

prosecution of offenses under Sections 481.112 and 481.1123, Health

and Safety Code; and

(2)

collaborate and cooperate with and assist district

attorneys, county attorneys, the border prosecution unit, and other

prosecutors in the investigation and prosecution of allegations of

offenses under Sections 481.112 and 481.1123, Health and Safety

Code.

(b) The training program under Subsection (a) must include:

(1) information on:

(A)

criminal activity related to controlled

substances listed in Penalty Group 1 under Section 481.102, Health

and Safety Code, or Penalty Group 1-B under Section 481.1022,

Health and Safety Code, occurring along the Texas-Mexico border,

including manufacture and delivery of those controlled substances

carried out by cartels, transnational gangs, and other groups

engaged in organized criminal activity; and

(B)

methods for identifying intrastate criminal

activity associated with the manufacture or delivery of controlled

substances listed in Penalty Group 1 under Section 481.102, Health

and Safety Code, or Penalty Group 1-B under Section 481.1022,

Health and Safety Code, and other organized criminal activity

related to those controlled substances; and

(2) best practices for:

(A)

the investigation and prosecution of the

criminal activity described by Subdivision (1);

(B)

the safest method, as determined by the

Health and Human Services Commission, for handling a controlled

substance listed in Penalty Group 1 under Section 481.102, Health

and Safety Code, or Penalty Group 1-B under Section 481.1022,

Health and Safety Code; and

(C)

the proper use of an opioid antagonist, as

that term is defined by Section 483.101, Health and Safety Code.

SECTION 2. Subchapter H, Chapter 1701, Occupations Code, is

amended by adding Section 1701.360 to read as follows:

Sec.

1701.360.

DANGEROUS CONTROLLED SUBSTANCE OFFENSES

ENFORCEMENT TRAINING PROGRAM. The commission may:

(1)

recognize, or with the consent of the Department

of Public Safety administer or assist in administering, the

dangerous controlled substance offenses enforcement training

program established under Section 411.02098, Government Code, as a

continuing education program for officers; and

(2)

credit an officer who successfully completes the

program described by Subdivision (1) with the appropriate number of

continuing education hours.

SECTION 3. (a) In this section, "opioid antagonist" has

the meaning assigned by Section 483.101, Health and Safety Code.

(b) The lethal controlled substances poisoning prevention

task force is established under this section to:

(1) compile data on criminal activity in the

Texas-Mexico border region related to the manufacture or delivery

of a controlled substance listed in Penalty Group 1 under Section

481.102, Health and Safety Code, or Penalty Group 1-B under Section

481.1022, Health and Safety Code;

(2) develop best practices for:

(A) the investigation, interdiction, and

prosecution of criminal activity that constitutes an offense under

Section 481.112 or 481.1123, Health and Safety Code;

(B) the safe handling of a controlled substance

listed in Penalty Group 1 under Section 481.102, Health and Safety

Code, or Penalty Group 1-B under Section 481.1022, Health and

Safety Code; and

(C) the proper use of an opioid antagonist; and

(3) study methods to incentivize manufacturers of

opioid antagonists to increase production, particularly for opioid

antagonists to be used by law enforcement agencies of this state.

(c) The governor shall appoint to the task force:

(1) two members representing the Department of Public

Safety;

(2) two members representing the Health and Human

Services Commission; and

(3) two members representing the Texas Commission on

Law Enforcement.

(d) Not later than six months after the date the governor

appoints members to the task force, the task force shall submit to

the governor and the director of the Department of Public Safety a

report containing the data and best practices described by

Subsections (b)(1) and (2) of this section.

(e) Not later than December 1, 2026, the task force shall

submit a report to the legislature containing its findings

regarding the methods described by Subsection (b)(3) of this

section, including proposed legislation to increase the

manufacturing production of opioid antagonists.

(f) The task force established under this section is

abolished and this section expires January 1, 2027.

SECTION 4. As soon as practicable after the effective date

of this Act, the governor shall appoint the members of the task

force established by Section 3 of this Act.

SECTION 5. 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.