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A BILL TO BE ENTITLED
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AN ACT
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relating to a study on the use of portable testing equipment to |
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identify synthetic drugs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITIONS. In this Act: |
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(1) "Abusable synthetic substance" has the meaning |
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assigned by Section 484.001, Health and Safety Code. |
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(2) "Synthetic controlled substance" means a |
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substance listed in Penalty Group 2-A under Section 481.1031, |
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Health and Safety Code. |
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(3) "Synthetic drug" means an abusable synthetic |
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substance or a synthetic controlled substance. |
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(4) "Task force" means the Task Force on Synthetic |
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Drug Testing created under this Act. |
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SECTION 2. TASK FORCE; MEMBERSHIP. (a) The Task Force on |
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Synthetic Drug Testing is created to investigate the use of |
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portable testing devices for identification of synthetic drugs. |
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(b) The task force consists of nine members, appointed as |
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follows: |
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(1) one member appointed by the commissioner of the |
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Texas Commission on Law Enforcement; |
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(2) one member appointed by the public safety director |
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of the Department of Public Safety; |
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(3) one member appointed by the attorney general; |
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(4) two members appointed by the governor; |
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(5) two members appointed by the lieutenant governor; |
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and |
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(6) two members appointed by the speaker of the house |
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of representatives. |
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(c) The members of the task force shall elect a presiding |
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officer from among the membership. |
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(d) Members of the task force serve without compensation and |
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may not be reimbursed for travel or other expenses incurred while |
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conducting the business of the task force. |
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(e) The task force shall meet at the call of the presiding |
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officer. The task force may meet telephonically in accordance with |
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Section 551.125(b)(3), Government Code. |
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SECTION 3. STUDY; REPORT. (a) The task force shall conduct a |
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study on equipping law enforcement officers with portable testing |
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devices capable of identifying an unidentified substance as a |
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synthetic drug. |
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(b) The study must address: |
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(1) the accuracy of portable testing devices; |
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(2) the cost of portable testing devices; |
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(3) the admissibility in court of results of portable |
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testing devices; and |
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(4) any upgrades that would be needed to keep up with |
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the pace at which synthetic drugs are chemically modified. |
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(c) Not later than December 1, 2018, the task force shall |
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submit to the legislature a report on the feasibility and |
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desirability of equipping law enforcement officers with portable |
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testing devices. The report submitted under this subsection must |
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include any legislative recommendations by the task force. |
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SECTION 4. EXPIRATION. This Act expires and the task force |
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is abolished September 1, 2019. |
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SECTION 5. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2017. |