89R718 LHC-F

By: Guillen H.B. No. 1837

A BILL TO BE ENTITLED

AN ACT

relating to the enforcement and prevention of offenses involving the manufacture or delivery of controlled substances listed in Penalty Group 1-B, law enforcement officer safety in handling those substances, and the manufacture and proper use of opioid antagonists.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 411, Government Code, is amended by adding Section 411.02098 to read as follows:

Sec. 411.02098. FENTANYL OFFENSES ENFORCEMENT TRAINING PROGRAM. (a) The department, in coordination with local law enforcement agencies, shall establish and administer a fentanyl offenses enforcement training program for peace officers employed by local law enforcement agencies that will prepare the officers to:

(1) collaborate and cooperate with and assist any law enforcement agency in the interdiction, investigation, and prosecution of offenses under Section 481.1123, Health and Safety Code; and

(2) collaborate and cooperate with and assist district attorneys, county attorneys, the border prosecution unit, and other prosecutors in the investigation and prosecution of allegations of offenses under Section 481.1123, Health and Safety Code.

(b) The training program under Subsection (a) must include:

(1) information on:

(A) criminal activity related to a controlled substance listed in Penalty Group 1-B under Section 481.1022, Health and Safety Code, occurring along the Texas-Mexico border, including manufacture and delivery of those controlled substances carried out by cartels, transnational gangs, and other groups engaged in organized criminal activity; and

(B) methods for identifying intrastate criminal activity associated with the manufacture or delivery of a controlled substance listed in Penalty Group 1-B under Section 481.1022, Health and Safety Code, and other organized criminal activity related to those controlled substances; and

(2) best practices for:

(A) the investigation and prosecution of the criminal activity described by Subdivision (1);

(B) the safest method, as determined by the Health and Human Services Commission, for handling a controlled substance listed in Penalty Group 1-B under Section 481.1022, Health and Safety Code; and

(C) the proper use of an opioid antagonist, as that term is defined by Section 483.101, Health and Safety Code.

SECTION 2. Subchapter H, Chapter 1701, Occupations Code, is amended by adding Section 1701.360 to read as follows:

Sec. 1701.360. FENTANYL OFFENSES ENFORCEMENT TRAINING PROGRAM. The commission may:

(1) recognize, or with the consent of the Department of Public Safety administer or assist in administering, the fentanyl offenses enforcement training program established under Section 411.02098, Government Code, as a continuing education program for officers; and

(2) credit an officer who successfully completes the program described by Subdivision (1) with the appropriate number of continuing education hours.

SECTION 3. (a) In this section, "opioid antagonist" has the meaning assigned by Section 483.101, Health and Safety Code.

(b) The lethal opioid poisoning prevention task force is established under this section to:

(1) compile data on criminal activity in the Texas-Mexico border region related to the manufacture or delivery of a controlled substance listed in Penalty Group 1-B under Section 481.1022, Health and Safety Code;

(2) develop best practices for:

(A) the investigation, interdiction, and prosecution of criminal activity that constitutes an offense under Section 481.1123, Health and Safety Code;

(B) the safe handling of a controlled substance listed in Penalty Group 1-B under Section 481.1022, Health and Safety Code; and

(C) the proper use of an opioid antagonist; and

(3) study methods to incentivize manufacturers of opioid antagonists to increase production, particularly for opioid antagonists to be used by law enforcement agencies of this state.

(c) The governor shall appoint to the task force:

(1) two members representing the Department of Public Safety;

(2) two members representing the Health and Human Services Commission; and

(3) two members representing the Texas Commission on Law Enforcement.

(d) Not later than six months after the date the governor appoints members to the task force, the task force shall submit to the governor and the director of the Department of Public Safety a report containing the data and best practices described by Subsections (b)(1) and (2) of this section.

(e) Not later than December 1, 2026, the task force shall submit a report to the legislature containing its findings regarding the methods described by Subsection (b)(3) of this section, including proposed legislation to increase the manufacturing production of opioid antagonists.

(f) The task force established under this section is abolished and this section expires January 1, 2027.

SECTION 4. As soon as practicable after the effective date of this Act, the governor shall appoint the members of the task force established by Section 3 of this Act.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.