By: Guillen H.B. No. 4642
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.