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.