HBA-SEP H.B. 771 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 771
By: Najera
Criminal Jurisprudence
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, various federal law enforcement agencies initiate daily seizures
of controlled substances along the Texas-Mexico border.  In many instances,
the quantities of controlled substances are too small to be processed by
federal prosecutors and are subsequently delivered to state, county, or
municipal authorities for further investigation, arrest, and prosecution.
These cases may be expensive to prosecute in part because of the lack of
monetary penalties.  House Bill 771 requires the attorney general to
establish a task force to assess resources needed by law enforcement
agencies in certain border counties to investigate and prosecute controlled
substance offenses for which the federal government declines prosecution. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 771 amends the Government Code to require the attorney general
to establish a task force, not later than December 31, 2001, to assess
finances and other resources needed by local law enforcement agencies and
prosecutors (law enforcement) in a county, all or part of which is located
within 50 miles of the international border, to investigate and prosecute
criminal cases under the Texas Controlled Substances Act for which the
federal government declines prosecution regardless of whether the case
involves a violation of federal law.  The bill requires the task force to
submit an annual report to the attorney general that includes information
regarding the burden imposed on law enforcement for the investigation and
prosecution of these cases for the preceding fiscal year, beginning 2001,
and the projected needs for the upcoming fiscal year.  The attorney general
is required to annually report the task force findings to the legislature,
the United States Justice Department, and the United States Attorney.  The
bill provides that the attorney general is to appoint a number of specified
representatives to compose the task force.  The task force is not subject
to the provisions regarding state agency advisory committees and its
members are prohibited from receiving compensation but are entitled to
reimbursement for travel expenses incurred while conducting task force
business.   

EFFECTIVE DATE

September 1, 2001.