SRC-JRN H.B. 2213 75(R)BILL ANALYSIS


Senate Research CenterH.B. 2213
By: Delisi (Armbrister)
Intergovernmental Relations
5-17-97
Engrossed


DIGEST 

Currently, federal, state, and local laws designate certain drugs as
illegal.  Recently, however, other states have attempted to circumvent
laws relating to illegal drugs by placing initiatives on the ballot that
allow doctors to prescribe certain illegal drugs for medicinal purposes.
This bill prohibits local governing and law enforcement entities from
adopting policies whereby current laws regarding illegal drugs may be
weakened. 

PURPOSE

As proposed, H.B. 2213 prohibits local governing and law enforcement
entities from adopting policies whereby current laws regarding illegal
drugs may be weakened. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 370, Local Government Code, by adding Section
370.003, as follows: 

Sec. 370.003. MUNICIPAL OR COUNTY POLICY REGARDING ENFORCEMENT OF DRUG
LAWS.  Prohibits 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. 

SECTION 2. Emergency clause.
  Effective date: upon passage.