JWW H.B. 2213 75(R)BILL ANALYSIS


PUBLIC SAFETY
H.B. 2213
By: Delisi
4-14-97
Committee Report (Amended)



BACKGROUND 

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.
Most often, the proposals provide for doctors to prescribe illegal drugs
to "treat" illnesses and/or provide "relief."  

At the municipal level in Texas, the strategy has been to adopt policies
under which local authorities are not to enforce drug laws against people
with certain medical conditions. The illegal drugs included under
prescriptive use include Schedule I drugs like heroin, LSD,
methamphetamine and marijuana.   

Any exception to our current drug laws could compromise the effectiveness
of those laws.  This legislation would ensure the enforcement of those
laws and prohibit any local government or municipality from enacting
policies that weaken current laws regarding illegal drugs.  

PURPOSE

This bill will prohibit local governing and law enforcement entities from
adopting policies under which local law enforcement would not fully
enforce laws relating to illegal drugs. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1 Amends Chapter 370, Local Government Code, by adding Section
370.003, which   states that 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 may not adopt a policy   under which the entity
will not fully enforce laws relating to drugs, including   Chapters
481(Texas Controlled Substance Act), and 483(Dangerous Drugs),   Health
and Safety Code. 

SECTION 2 Emergency Clause.  Effective upon passage.

EXPLANATION OF AMENDMENTS

SECTION 1 Adds ", and federal law" to the end of Section 370.003, Local
Government Code.