Texas

Texas Bill Would Expand State Right to Try; Further Reject Some FDA Restrictions on Experimental Treatments

The legislation is an expansion of the Texas Right to Try law that went into effect in June 2015. The law enables terminally ill patients to access medications and treatments that do not have final FDA approval. Passage of SB773 would expand that to enable patients suffering from chronic diseases to access medications and treatments not yet given final approval for use by the FDA.

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Texas Bills Would Create State Process to End Police Qualified Immunity

The bill would create a cause of action in state courts to sue a police officer, "for any appropriate relief, including legal or equitable relief, against a peace officer who, under the color of law, deprived the person of or caused the person to be deprived of a right, privilege, or immunity secured by the Texas Constitution."

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Texas Bill Would Reform State Asset Forfeiture Process and Take Step to Opt Out of Federal Program

The legislation would make it more difficult for the state to seize assets by raising the burden of proof prosecutors must meet from  “a preponderance of the evidence” to “clear and convincing evidence.” While the state could still seize assets without a conviction, the passage of HB1714 would take a first step toward reforming a Texas asset forfeiture process that the Institute of Justice called “terrible.”

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Texas Bills Would Create a Process to Review and Reject Unconstitutional Federal Acts

Four bills filed in the Texas House and Senate would create a state process to review federal laws and end state cooperation with enforcement of those determined to violate the U.S. Constitution. This process could set the stage to effectively block the enforcement of some federal laws and acts in the Lone Star State.

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Texas Bill Would Prohibit State Enforcement of Some Federal Rule and Regulations During a “Public Health Emergency”

The proposed law would prohibit any state agency, political subdivision, law enforcement officer, or other person employed by the state from enforcing or providing assistance to a federal agency in enforcing a federal statute, order, rule, or regulation that is enacted or issued in response to a federally declared public health emergency if it does not exist under state law.

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Texas Bill Would Legalize Marijuana For Adult Use Despite Federal Prohibition

The bill would create programs to license and regulate the possession, cultivation and distribution of marijuana for personal use. Adults 21 years of age or older would be allowed to possess up to 2.5 ounces of cannabis as well as cultivate up to 12 cannabis plants for personal use. The bill would also create a regulatory framework and licensure for commercial cultivation and retail sales of cannabis.

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Texas Bill Would Create a Process to Review and Reject Unconstitutional Federal Acts

A bill in the Texas Senate would create a state process to review federal laws and end state cooperation with enforcement of those determined to violate the U.S. Constitution.

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Texas Bill Would Reform State Asset Forfeiture Laws But Federal Loophole Would Remain

While the passage of this legislation would significantly reform the Texas asset forfeiture process, it fails to address a loophole that allows state and local police to get around more strict state civil asset forfeiture laws in a vast majority of situations.

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Texas Bill Would Ban State Enforcement of Federal Rules and Regulations on Oil and Gas Production

The proposed law would prohibit any state agency or its employees from contracting with or providing assistance to a federal agency or official in the enforcement of a federal statute, order, rule, or regulation purporting to regulate oil and gas operations if it does not exist under the laws of Texas.

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Texas Bills Would Legalize Medical Marijuana Despite Federal Cannabis Prohibition

Both bills would create programs to license and regulate the possession, cultivation and distribution of marijuana for medical use. The two bills take slightly different approaches, but both would allow qualifying patients to access marijuana based on a physician's recommendation.

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