Bill Text: TX HB4642 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-12 - Referred to Criminal Justice [HB4642 Detail]
Download: Texas-2023-HB4642-Introduced.html
Bill Title: Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-12 - Referred to Criminal Justice [HB4642 Detail]
Download: Texas-2023-HB4642-Introduced.html
By: Guillen | H.B. No. 4642 |
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relating to the State's ability to combat lethal poisonings, | ||
creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sec. 772, GOVERNMENT CODE, Is amended by adding | ||
772.0065 to read as follows: (a) In this section: | ||
(1) "Task force" means the Lethal Poisoning Prevention | ||
Task Force. | ||
(2) "Lethal Poison" means any substance consisting | ||
wholly or partly of a substance listed in Section 481.1022 of the | ||
Health and Safety Code. | ||
(b) The governor shall establish the Lethal Poisoning | ||
Prevention Task Force that will consist of two members from: | ||
(1) the Department of Public Safety; | ||
(2) the Health and Human Services Commission; and | ||
(3) the Texas Commission on Law Enforcement. | ||
(c) The task force shall: | ||
(1) compile data on criminal activity in the Texas - | ||
Mexico border region relating to the manufacturing, trafficking, | ||
and delivery of lethal poison; and | ||
(2) develop best practices for: | ||
(A) the investigation, interdiction, and | ||
prosecution of criminal activity relating to the manufacturing and | ||
delivery of lethal poison; and | ||
(B) safely handling lethal poison upon its | ||
interdiction. | ||
(d) The task force shall submit the final report no later | ||
than 6 months after the date of its formation. | ||
(e) The task force shall submit the final report to: | ||
(1) the office of the Governor; and | ||
(2) the Texas Department of Public Safety. | ||
SECTION 2. Sec. 411, GOVERNMENT CODE, Is amended by adding | ||
Section 411.02071 to read as follows: | ||
Sec. 411.02072. LETHAL POISONING PREVENTION TRAINING | ||
PROGRAM. (a) The department, in coordination with local law | ||
enforcement agencies, shall establish and administer a lethal | ||
poisoning prevention training program for peace officers employed | ||
by local law enforcement agencies that will prepare officers to: | ||
(1) collaborate and cooperate with and assist any law | ||
enforcement agency in the interdiction, investigation, and | ||
prosecution of criminal activity relating to the manufacturing and | ||
delivery of lethal poisons consisting wholly or partly of a | ||
substance listed in section 481.1022, 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 | ||
criminal activity relating to the manufacturing and delivery of | ||
lethal poisons consisting wholly or partly of a substance listed in | ||
section 481.022, Health and Safety code. | ||
(b) The training program under Subsection (a) must include: | ||
(1) information on: | ||
(A) criminal activity regarding lethal poisons | ||
consisting wholly or partly of a substance listed in section | ||
481.022 that occurs along the Texas - Mexico border, including the | ||
trafficking of said lethal poisons carried out by transnational | ||
gangs, cartels, and other organized criminal activity; and | ||
(B) methods for identifying all intrastate | ||
criminal activity associated with the distribution, manufacturing, | ||
trafficking as it relates to organized criminal activity; and | ||
(2) best practices for: | ||
(A) investigating and prosecuting the criminal | ||
activity described by Subdivision (1); and | ||
(B) the safest methods for handling lethal | ||
poisons consisting wholly or partly of a substance defined in | ||
section 481.1022, Health and Safety code, as determined by the | ||
Health and Human Services Commission. | ||
(c) The department shall identify opportunities for a peace | ||
officer described by Subsection (a) to assist in the department's | ||
duties relating to the interdiction of lethal poison consisting | ||
either wholly or partly of a substance listed in section 481.1022, | ||
Health and Safety Code. | ||
(d) A peace officer authorized by the department to assist | ||
in carrying out duties related to the department's border | ||
operations as described by Subsection (c) is not entitled to | ||
compensation from the department for the assistance provided. | ||
SECTION 3. Subchapter H, Chapter 1701, GOVERNMENT CODE, is | ||
amended by adding Sec. 1701.359A to read as follows: | ||
Sec. 1701.359A. LETHAL POISONING PREVENTION TRAINING | ||
PROGRAM. (a) The commission may: | ||
(1) recognize, or with the consent of the Department | ||
of Public Safety, administer or assist in administering the lethal | ||
poisoning prevention program established under Section 411.02071, | ||
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 4. Sec. 19, Penal Code, is amended by adding section | ||
19.07, LETHAL POISONING to read as follows: | ||
(a) An individual commits an offense under this section if: | ||
(1) they manufacture, deliver, or traffic a lethal | ||
poison consisting wholly or partly of a substance listed under | ||
Section 481.1022 of the Health and Safety Code and an individual | ||
dies as a result of injecting, ingesting, or introducing into the | ||
individuals body any amount of the substance listed in 481.1022 | ||
that was manufactured, delivered, or trafficked by the actor | ||
whether the lethal poison was used by itself or with any other | ||
substance. | ||
(b) This penalty does not apply if the actor's conduct in | ||
manufacturing or delivering the controlled substance was | ||
authorized under chapter 481 of the Health and Safety Code. | ||
SECTION 5. This act takes effect September 1, 2023. |