BILL ANALYSIS

S.B. 650

By: Van de Putte

Public Safety

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In Texas, the illegal sale and distribution of prescription drugs is becoming an increasing threat, nearly doubling since 2002. The use of "street drugs" among teenagers is decreasing but the abuse of prescription drugs is growing. According to a study done by the Partnership for a Drug-Free America, teenagers are more likely to abuse prescription medications than almost any other drug. This is creating a huge demand and illegal market for the types of medications which can only be acquired from a pharmacy. Currently, the Texas State Board of Pharmacy has the authority to commission peace officers, but they are unable to carry firearms or make arrests. Often, peace officers commissioned by the Texas State Board of Pharmacy work in conjunction with other law enforcement agencies to capture criminals who divert prescription drugs from pharmacies and are involved in national drug rings. It is the job of these officers to investigate different pharmacies, pharmacists, and pharmacy technicians. In the course of their duties they often have to serve warrants, conduct searches, and carry out duties which can put them in harm's way. In such situations it would be highly beneficial for such a peace officer to be able to carry a weapon. When funds are recovered from these operations, the board is unable to access these funds because its peace officers are not considered true law enforcement agents. There are hundreds of thousands of dollars that the Texas State Board of Pharmacy does not have access to, yet its employees are still responsible for carrying out the duties of a peace officer. Additionally, board commissioned peace officers are required to complete the same training and follow the same restriction as law enforcement officers, but without the ability to carry firearms or make arrests.

S.B. 650 removes the prohibition against an employee commissioned as a peace officer by the State Board of Pharmacy under the Texas Pharmacy Act carrying a firearm or making an arrest.

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

S.B. 650 amends the Occupations Code to remove the prohibition against an employee commissioned as a peace officer by the State Board of Pharmacy under the Texas Pharmacy Act carrying a firearm or making an arrest.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.