By Najera                                              H.B. No. 771
         77R4416 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of a task force to assess resources needed
 1-3     to investigate and prosecute certain cases involving controlled
 1-4     substances.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter B, Chapter 402, Government Code, is
 1-7     amended by adding Section 402.030 to read as follows:
 1-8           Sec. 402.030.  TASK FORCE TO ASSESS RESOURCE NEEDS ASSOCIATED
 1-9     WITH CERTAIN CASES INVOLVING CONTROLLED SUBSTANCES.  (a)  The
1-10     attorney general shall establish a task force to assess the
1-11     finances and other resources needed by local law enforcement
1-12     agencies and prosecutors described by Subsection (b) to investigate
1-13     and prosecute criminal cases under Chapter 481, Health and Safety
1-14     Code, for which the federal government declines prosecution
1-15     regardless of the fact that the case involves a violation of the
1-16     federal Controlled Substances Act or other federal law.
1-17           (b)  The assessment shall include an assessment of the
1-18     finances and other resources needed by each local law enforcement
1-19     agency and office of a district attorney, criminal district
1-20     attorney, or county attorney in a county all or part of which is
1-21     located within 50 miles of the international border of this state.
1-22           (c)  The task force shall submit an annual report to the
1-23     attorney general that includes information regarding the burden
1-24     imposed on local law enforcement agencies and prosecutors for the
 2-1     investigation and prosecution of cases described by Subsection (a)
 2-2     during the preceding fiscal year and the projected needs of those
 2-3     entities to investigate and prosecute those cases during the
 2-4     upcoming fiscal year.
 2-5           (d)  The task force is composed of representatives appointed
 2-6     by the attorney general in a number determined by the attorney
 2-7     general.  The representatives must include representatives of:
 2-8                 (1)  offices of a district attorney, criminal district
 2-9     attorney, or county attorney that prosecute cases described by
2-10     Subsection (a);
2-11                 (2)  the criminal justice division of the governor's
2-12     office;
2-13                 (3)  the Criminal Justice Policy Council; and
2-14                 (4)  other concerned law enforcement entities.
2-15           (e)  The attorney general shall annually report the findings
2-16     of the task force to the legislature, the United States Justice
2-17     Department, and the United States Attorney.
2-18           (f)  The task force created under this section is not subject
2-19     to Chapter 2110.  A member of the task force may not receive
2-20     compensation but is entitled to reimbursement of the travel
2-21     expenses incurred by the member while conducting task force
2-22     business, as provided in the General Appropriations Act.
2-23           SECTION 2.  (a)  The attorney general shall make the initial
2-24     appointments and take other action as necessary to establish the
2-25     task force required by Section 402.030, Government Code, as added
2-26     by this Act, not later than December 31, 2001.
2-27           (b)  The task force established by the attorney general under
 3-1     this Act shall complete the first annual report required by Section
 3-2     402.030, Government Code, as added by this Act, for fiscal year
 3-3     2001.
 3-4           SECTION 3.  This Act takes effect September 1, 2001.