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.