The cycle of substance use, arrest, and incarceration has long continued in Texas – perpetuating the drug crisis and squandering resources that could be used to truly prevent crime. To break this cycle, it is crucial to provide life-saving treatment and recovery supports in the community, as well as to reduce the harsh consequences of a drug conviction so people can maintain employment and other obligations.
HB 707 (Authors: Moody, Murr | Sponsor: Blanco), Relating to a study on expanding recovery housing in this state. The Health and Human Services Commission (HHSC) must conduct a study to evaluate the current status of – and opportunities, challenges, and needs to expand – recovery housing, which specifically refers to a shared living environment that promotes sustained recovery from substance use disorders by integrating residents into the surrounding community and providing a setting that connects residents to supports and services promoting recovery, that is centered on peer support, and that is free from alcohol and drug use.
Specifically, HHSC must: (1) identify and evaluate state and federal regulatory deficiencies and potential impacts on recovery housing, including the impacts on local government resources and interests of the surrounding community; (2) create focus groups with community stakeholders interested in recovery housing; (3) interview stakeholders and experts in recovery housing that represent both rural and urban areas in Texas; (4) conduct site visits to recovery houses, including those demonstrating different models of recovery housing in both rural and urban areas; and (5) review scholarly research on recovery housing.
By December 1, 2022, HHSC must submit a written report to the legislature that contains the study results and any recommendations for legislative or other action. Signed by the Governor; effective on 9/1/2021
HB 1694 (Authors: Raney, Guillen, Leach, Guerra, Jarvis Johnson | Sponsor: Schwertner), Relating to a defense to prosecution for certain offenses involving possession of small amounts of controlled substances, marihuana, dangerous drugs, or abusable volatile chemicals, or possession of drug paraphernalia for defendants seeking assistance for a suspected overdose.
This bill, also called the Jessica Sosa Act, is “Good Samaritan” legislation. It is a defense to prosecution for certain drug possession offenses that the actor: (1) was the first person to request emergency medical assistance for another person experiencing a possible drug overdose, provided the actor made the request during the ongoing emergency, remained on the scene until medical assistance arrived, and cooperated with medical assistance or law enforcement personnel; or (2) was themselves the victim of the overdose for which assistance was requested.
The defense applies to drug possession offenses of up to four ounces of marijuana, as well as small amounts of drugs listed in Texas’ statutory penalty groups, ranging from Class B misdemeanor possession levels to state jail felony possession levels. Additionally, the defense applies to Class B misdemeanor-level possession of controlled substances listed in a schedule but not in a penalty group, use or possession of drug paraphernalia, possession of a dangerous drug without a prescription, and use or possession of abusable volatile chemicals.
The defense is not applicable if:
- at the time the request for emergency medical assistance was made, a peace officer was arresting the individual or executing a search warrant describing them or their location, or the individual was committing another crime, other than certain drug possession offenses;
- the individual had been previously convicted of or placed on deferred adjudication community supervision for an offense related to dangerous drugs or abusable volatile chemicals;
- the individual was acquitted in a previous proceeding by using the Good Samaritan defense; or
- in the past 18 months, the individual requested emergency medical assistance in response to a possible overdose of another person or themselves.
Signed by the Governor; effective on 9/1/2021
SB 181 (Author: Johnson | Sponsor: White), Relating to suspension of a driver’s license for persons convicted of certain offenses and the educational program required for reinstatement of a license following certain convictions; authorizing a fine. Under previous law, a conviction for any drug offense resulted in an automatic, minimum 180-day license suspension. Per this bill, the license suspension is reduced to a minimum of 90 days, and a judge can waive the suspension for people with misdemeanor drug convictions who have not had a drug conviction within the past 36 months. That suspension can only be upheld if the court makes a written determination that it is in the interest of public safety.
Additionally, this bill allows individuals with a suspended license to complete the required 15-hour drug course online or in person.
Lastly, a person convicted of a misdemeanor drug offense whose driver’s license is not suspended must pay a $100 fine, regardless of whether they were granted community supervision in the case. Signed by the Governor; effective on 9/1/2021
SCR 1 (Author: Johnson | Sponsor: White), Expressing opposition to the enactment or enforcement in Texas of a law, under a federal mandate, that automatically suspends the driver’s license of an individual who is convicted of certain offenses. This resolution supports SB 181.