BILL ANALYSIS
By: Chavez
Border and International Affairs
Committee Substitute
BACKGROUND AND PURPOSE
The problem of underage and binge drinking in Mexico is a unique issue for communities along the southwest United States border. For many generations, border cities in Mexico have been destinations for youth for the purpose of tourism and evening entertainment. Differences in alcohol policies, the legal drinking age (18 years of age in Mexico and 21 years of age in the United States), and the standards and limitations of enforcement of United States and Mexico laws on alcohol consumption and public intoxication have contributed to significant public health and public safety problems on both sides of the international border.
The committee substitute to House Bill 3426 requires the Department of State Health Services to establish a bi-national substance abuse task force to study various issues related to the abuse of substances and alcohol and submit a report to the governor and the legislature.
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.
ANALYSIS
SECTION 1 Adds Subchapter F, Chapter 12, Sec. 12.0712, Health and Safety Code, requiring the Department of State Health Services to establish a bi-national substance abuse task force.
The task force is created to study:
§ the effects of alcohol abuse on residents living near the Texas-Mexico border, with emphasis on residents who are between the ages of 14 and 25 years old.
§ whether socioeconomic or cultural causes contribute to a predisposition to substance abuse;
§ whether substance abuse along the border occurs on a different per capita basis than in other areas of the state;
§ the causes and effects of binge drinking by both minors and persons of legal drinking age and the effects on health and the community of such activity; and,
§ the effect on the community of drug traffickers using young residents living near the border to transport illegal drugs into the United States.
The task force consists of five members of the house of representatives and the senate, each of whom represents a district wholly or partly located 25 miles or less from the international border; the attorney general or his representative; the commissioner of the Department of State Health Services or his representative; the director of the Department of Public Safety or his representative; three representatives of the public from different locations along the international border who have significant experience working in substance abuse and intervention programs; three representatives employed by a local law enforcement agency that has jurisdiction extending to the international border; and, one member each from the State Bar of Texas, the Mexican American Bar Association, and a nonprofit organization with significant experience in issues prevalent in the border region.
The task force may invite qualified individuals from any state in the United Mexican States that borders Texas to participate as members of the task force.
The chairman and vice chairman will be appointed by the lieutenant governor and speaker of the house of representatives. The speaker will appoint the first chairperson, who will serve until January 1, 2007.
The bill provides for the section to expire and the task force to be abolished January 1, 2009.
SECTION 2 The Act takes effect September 1, 2005.
EFFECTIVE DATE
The Act takes effect September 1, 2005.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The original version of the bill simply required the Department of State Health Services to establish a task force to study alcohol abuse along the Texas-Mexico border. The committee substitute requires that certain individuals and representatives of certain communities comprise the task force and gives the task force specific topics to study.
The committee substitute allows the task force to invite like members from Mexican states bordering Texas to participate in the task force.
The committee provides that the task force will be dissolved on January 1, 2009.