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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a grant program to assist local law |
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enforcement agencies in testing certain substances suspected of |
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containing delta-9 tetrahydrocannabinol. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 772, Government Code, is |
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amended by adding Section 772.00791 to read as follows: |
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Sec. 772.00791. GRANT PROGRAM TO ASSIST LOCAL LAW |
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ENFORCEMENT IN TESTING SUBSTANCES FOR DELTA-9 |
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TETRAHYDROCANNABINOL. (a) In this section, "criminal justice |
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division" means the criminal justice division established under |
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Section 772.006. |
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(b) The criminal justice division shall establish and |
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administer a grant program through which a law enforcement agency |
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may apply for a grant designed to assist the agency in testing a |
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substance suspected of containing delta-9 tetrahydrocannabinol in |
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a concentration exceeding 0.3 percent on a dry weight basis. |
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(c) A law enforcement agency is eligible to receive a grant |
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under the program established under this section only if the |
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agency: |
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(1) employs one or more peace officers described by |
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Article 2A.001(1), (2), or (3), Code of Criminal Procedure; and |
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(2) has entered into a written agreement with the |
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appropriate attorney representing the state that the attorney will |
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evaluate all evidence obtained from the testing described by |
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Subsection (b) submitted to the attorney by the agency to determine |
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whether prosecution is appropriate. |
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(d) The criminal justice division shall establish: |
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(1) eligibility criteria for grant applications; |
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(2) grant application procedures; |
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(3) guidelines relating to grant amounts; and |
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(4) procedures for evaluating grant applications. |
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(e) Grant money awarded under this section may be used only |
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to pay a third-party laboratory for testing a substance described |
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by Subsection (b) to determine the concentration of delta-9 |
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tetrahydrocannabinol. |
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(f) A law enforcement agency that receives a grant awarded |
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under the program established under this section annually shall |
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report: |
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(1) the number of substances and the dry weight of |
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substances that were tested using a grant awarded under this |
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section; |
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(2) the number of substances and the dry weight of |
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substances tested that contained delta-9 tetrahydrocannabinol in a |
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concentration exceeding 0.3 percent on a dry weight basis; |
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(3) the types of substances tested; |
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(4) the average cost to test each type of substance; |
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(5) the number of citations or warrants issued based |
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on the testing of substances under a grant awarded under this |
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section; |
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(6) the status of the cases described by Subdivision |
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(5); and |
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(7) any other information required by the criminal |
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justice division. |
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(g) The criminal justice division shall include in the |
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biennial report required by Section 772.006(a)(9) a detailed |
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reporting of the results and performance of the grant program |
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administered under this section, including data aggregated by |
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region as determined by the division. |
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(h) The criminal justice division may use any revenue |
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available for purposes of this section. |
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(i) The criminal justice division shall adopt rules as |
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necessary to administer this section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |