HB1837 - 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.

  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.