89R25433 CJD-D

By: King H.B. No. 4879

Substitute the following for H.B. No. 4879:

By: Hefner C.S.H.B. No. 4879

A BILL TO BE ENTITLED

AN ACT

relating to the creation of a grant program to assist local law enforcement agencies in testing certain substances suspected of containing delta-9 tetrahydrocannabinol.

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

SECTION 1. Subchapter A, Chapter 772, Government Code, is amended by adding Section 772.00791 to read as follows:

Sec. 772.00791. GRANT PROGRAM TO ASSIST LOCAL LAW ENFORCEMENT IN TESTING SUBSTANCES FOR DELTA-9 TETRAHYDROCANNABINOL. (a) In this section, "criminal justice division" means the criminal justice division established under Section 772.006.

(b) The criminal justice division shall establish and administer a grant program through which a law enforcement agency may apply for a grant designed to assist the agency in testing a substance suspected of containing delta-9 tetrahydrocannabinol in a concentration exceeding 0.3 percent on a dry weight basis.

(c) A law enforcement agency is eligible to receive a grant under the program established under this section only if the agency:

(1) employs one or more peace officers described by Article 2A.001(1), (2), or (3), Code of Criminal Procedure; and

(2) has entered into a written agreement with the appropriate attorney representing the state that the attorney will evaluate all evidence obtained from the testing described by Subsection (b) submitted to the attorney by the agency to determine whether prosecution is appropriate.

(d) The criminal justice division shall establish:

(1) eligibility criteria for grant applications;

(2) grant application procedures;

(3) guidelines relating to grant amounts; and

(4) procedures for evaluating grant applications.

(e) Grant money awarded under this section may be used only to pay a third-party laboratory for testing a substance described by Subsection (b) to determine the concentration of delta-9 tetrahydrocannabinol.

(f) A law enforcement agency that receives a grant awarded under the program established under this section annually shall report:

(1) the number of substances and the dry weight of substances that were tested using a grant awarded under this section;

(2) the number of substances and the dry weight of substances tested that contained delta-9 tetrahydrocannabinol in a concentration exceeding 0.3 percent on a dry weight basis;

(3) the types of substances tested;

(4) the average cost to test each type of substance;

(5) the number of citations or warrants issued based on the testing of substances under a grant awarded under this section;

(6) the status of the cases described by Subdivision (5); and

(7) any other information required by the criminal justice division.

(g) The criminal justice division shall include in the biennial report required by Section 772.006(a)(9) a detailed reporting of the results and performance of the grant program administered under this section, including data aggregated by region as determined by the division.

(h) The criminal justice division may use any revenue available for purposes of this section.

(i) The criminal justice division shall adopt rules as necessary to administer this section.

SECTION 2. 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.