Ruth McClendon Wants Municipal Drug-Free Zones

Representative Ruth McClendon has filed HB 65:

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 481, Health and Safety Code, is amended by adding Section 481.142 to read as follows:

Sec. 481.142. MUNICIPAL DRUG-FREE ZONES.

1. (a) This section applies only to a municipality that has a population of more than 1.1 million and is wholly or partially located in a county with a population of less than 1.4 million.
   
2. (b) The governing body of a municipality by ordinance may designate one or more geographic areas within the municipality as a drug-free zone and authorize the issuance of an order that temporarily excludes a person from the drug-free zone for:
   
   1. (1) 90 days if the person has been arrested by a peace officer of the municipality for an offense under this subchapter committed in the drug-free zone; and
      
   2. (2) one year if the person has been subsequently convicted of that offense.

The rest is academic. The "Subchapter D" referred to is the section on "Offenses and Penalties" under the Texas Controlled Substances Act. This encompasses everything from § 481.101 to § 481.141:

SECTION 481.101. CRIMINAL CLASSIFICATION
SECTION 481.102. PENALTY GROUP 1
SECTION 481.1021. PENALTY GROUP 1-A
SECTION 481.103. PENALTY GROUP 2
SECTION 481.104. PENALTY GROUP 3
SECTION 481.105. PENALTY GROUP 4
SECTION 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE ANALOGUE
SECTION 481.108. PREPARATORY OFFENSES
SECTION 481.111. EXEMPTIONS
SECTION 481.112. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1
SECTION 481.1121. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1-A
SECTION 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 2
SECTION 481.114. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 3 OR 4
SECTION 481.115. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1
SECTION 481.1151. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1-A
SECTION 481.116. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2
SECTION 481.117. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 3
SECTION 481.118. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 4
SECTION 481.119. OFFENSE: MANUFACTURE, DELIVERY, OR POSSESSION OF MISCELLANEOUS SUBSTANCES
SECTION 481.120. OFFENSE: DELIVERY OF MARIHUANA
SECTION 481.121. OFFENSE: POSSESSION OF MARIHUANA
SECTION 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE OR MARIHUANA TO CHILD
SECTION 481.123. DEFENSE TO PROSECUTION FOR OFFENSE INVOLVING CONTROLLED SUBSTANCE ANALOGUE
SECTION 481.124. OFFENSE: POSSESSION OR TRANSPORT OF CERTAIN CHEMICALS WITH INTENT TO MANUFACTURE CONTROLLED SUBSTANCE
SECTION 481.125. OFFENSE: POSSESSION OR DELIVERY OF DRUG PARAPHERNALIA
SECTION 481.126. OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR INVESTMENT
SECTION 481.127. OFFENSE: UNAUTHORIZED DISCLOSURE OF INFORMATION
SECTION 481.128. OFFENSE AND CIVIL PENALTY: COMMERCIAL MATTERS
SECTION 481.129. OFFENSE: FRAUD
SECTION 481.130. PENALTIES UNDER OTHER LAW
SECTION 481.131. OFFENSE: DIVERSION OF CONTROLLED SUBSTANCE PROPERTY OR PLANT
SECTION 481.132. MULTIPLE PROSECUTIONS
SECTION 481.133. OFFENSE: FALSIFICATION OF DRUG TEST RESULTS
SECTION 481.134. DRUG-FREE ZONES
SECTION 481.135. MAPS AS EVIDENCE OF LOCATION OR AREA
SECTION 481.136. OFFENSE: UNLAWFUL TRANSFER OR RECEIPT OF CHEMICAL PRECURSOR
SECTION 481.137. OFFENSE: TRANSFER OF PRECURSOR SUBSTANCE FOR UNLAWFUL MANUFACTURE
SECTION 481.138. OFFENSE: UNLAWFUL TRANSFER OR RECEIPT OF CHEMICAL LABORATORY APPARATUS
SECTION 481.139. OFFENSE: TRANSFER OF CHEMICAL LABORATORY APPARATUS FOR UNLAWFUL MANUFACTURE
SECTION 481.140. USE OF CHILD IN COMMISSION OF OFFENSE
SECTION 481.141. MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY

I was about to title this post "Ruth McClendon Needs Slaves" but I realized she already has them in the form of the people she wishes to exclude from the zones described in the bill. Otherwise, why would she think she had the right to delegate to certain municipal governments the right to ban people from those "clearly defined geographic areas" who use, possess, sell, produce, and distribute drugs (among many, many other things)? Quite obviously to me, she thinks either she owns them or the government owns them. Regardless, they are to be treated by the state as slaves.

Posted by Drizzten at February 04, 2005 11:19 AM