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.