cities and counties must fully enforce drug laws

The text as introduced · 1,210 words

By: Leach
H.B. No. 5082

A BILL TO BE ENTITLED

AN ACT

relating to municipal and county enforcement of drug laws;

providing civil penalties.

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

SECTION 1. Section 9.003(a), Local Government Code, is

amended to read as follows:

(a) Except as provided by Sections [ Section ] 9.0045 and

9.0046 , the charter prepared by the charter commission shall be

submitted to the qualified voters of the municipality at an

election to be held on the first authorized uniform election date

prescribed by the Election Code that allows sufficient time to

comply with other requirements of law and that occurs on or after

the 40th day after the date the charter commission completes its

work. The governing body of the municipality shall provide for the

submission of the charter at the election to the extent that the

provisions for submission are not prescribed by general law.

SECTION 2. Section 9.004(a), Local Government Code, is

amended to read as follows:

(a) Except as provided by Sections [ Section ] 9.0045 and

9.0046 , the governing body of a municipality on its own motion may

submit a proposed charter amendment to the municipality's qualified

voters for their approval at an election. The governing body shall

submit a proposed charter amendment to the voters for their

approval at an election if the submission is supported by a petition

signed by a number of qualified voters of the municipality equal to

at least five percent of the number of qualified voters of the

municipality or 20,000, whichever number is the smaller.

SECTION 3. Chapter 9, Local Government Code, is amended by

adding Section 9.0046 to read as follows:

Sec. 9.0046. CHARTER PROVISION INCONSISTENT WITH STATE OR

FEDERAL DRUG LAW. A municipality may not hold an election for voter

approval of a proposed charter or an amendment to a charter that

violates Section 370.003.

SECTION 4. Subchapter A, Chapter 51, Local Government Code,

is amended by adding Section 51.0021 to read as follows:

Sec. 51.0021. PROVISION INCONSISTENT WITH STATE OR FEDERAL

DRUG LAW. Notwithstanding Section 51.001, the governing body of a

municipality may not adopt, publish, enforce, repeal, maintain, or

amend an ordinance, order, policy, rule, or regulation that

violates Section 370.003.

SECTION 5. Chapter 370, Local Government Code, is amended

by adding Section 370.002 to read as follows:

Sec. 370.002. COMPLAINT; EQUITABLE RELIEF. (a) A citizen

residing in this state may file a complaint with the attorney

general if the citizen asserts facts supporting an allegation that

an entity described by Section 370.003 has violated that section.

The citizen must include a sworn statement with the complaint

stating that to the best of the citizen's knowledge all of the facts

asserted in the complaint are true and correct.

(b) If the attorney general determines that a complaint

filed under Subsection (a) against an entity is valid, the attorney

general may file a petition for a writ of mandamus or apply for

other appropriate equitable relief in a district court in Travis

County, in a county that is represented by or is served in whole or

in part by the entity, or in a county that borders a county that is

represented by or is served in whole or in part by the entity to

compel the entity that is suspected of violating Section 370.003 to

comply with that section.

(c) If the action is brought by the attorney general in a

venue authorized by this section, the action may not be transferred

to a different venue without the written consent of the attorney

general.

(d) The attorney general shall develop a form that a citizen

residing in this state may use for the submission of a complaint

under Subsection (a) and shall post the complaint form on the

attorney general's website.

(e) An appeal of a suit brought under Subsection (b) is

governed by the procedures for accelerated appeals in civil cases

under the Texas Rules of Appellate Procedure. The appellate court

shall render its final order or judgment with the least possible

delay.

SECTION 6. Section 370.003, Local Government Code, is

amended to read as follows:

Sec. 370.003. MUNICIPAL OR COUNTY PROVISION [ POLICY ]

REGARDING ENFORCEMENT OF DRUG LAWS. (a) The governing body of a

municipality, the commissioners court of a county, or a sheriff,

constable, municipal police department, municipal attorney, county

attorney, district attorney, or criminal district attorney may not

adopt , publish, enforce, repeal, maintain, or amend a policy ,

ordinance, order, rule, regulation, charter, or charter amendment

under which the entity will not fully enforce laws relating to

drugs, including Chapters 481 and 483, Health and Safety Code, and

federal law.

(b) An entity described by Subsection (a) may not place an

item on a ballot or vote on an item if the item provides that the

entity will not fully enforce laws relating to drugs.

(c) An entity that is found by a court to have knowingly

violated Subsection (a) is subject to a civil penalty in an amount:

(1) not less than $25,000 for the first violation; and

(2) not less than $50,000 for each subsequent

violation.

(d) An entity that is found by a court to have knowingly

placed an item on a ballot in violation of Subsection (b) is subject

to a civil penalty for each day the item appears on the ballot in an

amount:

(1) not less than $25,000 for the first violation; and

(2) not less than $50,000 for each subsequent

violation.

(e) Each day of a continuing violation of Subsection (a) or

(b) constitutes a separate violation for the civil penalty under

this section. An entity that violates this section may incur a

penalty under both Subsections (a) and (b). A violation continues

unless an entity proves by clear and convincing evidence that the

violation has been remedied.

(f) The court that hears an action under this section shall

determine the amount of any civil penalty in the action.

(g) A civil penalty collected under this section shall be

deposited to the credit of the compensation to victims of crime fund

established under Subchapter J, Chapter 56B, Code of Criminal

Procedure.

(h) Sovereign immunity and governmental immunity of a

county and municipality to a suit are waived and abolished to the

extent of liability created by this section.

(i) In addition to any civil penalty awarded under this

section, the attorney general is entitled to recover court costs

and attorney's fees from an entity found civilly liable under this

section.

(j) The attorney general may seek a civil penalty for a

violation of this section regardless of whether a citizen submitted

a complaint to the attorney general under Section 370.002.

SECTION 7. Section 370.002, Local Government Code, as added

by this Act, and Section 370.003, Local Government Code, as amended

by this Act, apply only to a cause of action that accrues on or after

the effective date of this Act.

SECTION 8. 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.