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<br />I <br /> <br />I <br /> <br />I <br /> <br />42 <br /> <br />RESOLUTION NO. 1980-76-R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF SAN MARCOS, TEXAS, STATING SUPPORT FOR AN <br />AMENDMENT TO THE TEXAS CONTROLLED SUBS'I'ANCES <br />ACT TO CONTROL DRUG PARAPHERNALIA; URGING <br />AREA LEGISLATORS TO SUPPORT SUCH AN AMENDMENT <br />IN THE STATE LEGISLATURE AND DECLARING AN <br />EFFECTIVE DATE. <br /> <br />WHEREAS, the problem of devices used or intended for use in <br />conjunction with illegal controlled substances is very serious <br />according to Peter B. Bensinger, Administrator of the Drug Enforce- <br />ment Administration of the United States Department of Justice, <br />in testimony before the House Select Committee on Narcotics Abuse <br />and Control; and, <br /> <br />WHEREAS, previous attempts to control such devices, known as <br />drug paraphernalia, have been generally unsuccessful because the <br />statutes and ordinances attempted to deal with the problem on a <br />piecemeal basis and were held to be unconstitutionally vague; and, <br /> <br />WHEREAS, the Drug Enforcement Administration, at the request <br />of President Carter, has drafted a proposed Model Drug Paraphernalia <br />Act which contains precise definitions and is believed to comply <br />with constitutional requirements which will enable it to survive <br />legal attack; and, <br /> <br />WHEREAS, the Drug Enforcement Administration recommends that <br />drug paraphernalia be controlled by amending existing sections of <br />the Uniform Controlled Substances Act rather than by creating <br />separate independent paraphernalia laws; and, <br /> <br />WHEREAS, the State of Texas has enacted a Controlled Substances <br />Act, Article 4476-15, TEX.REV.CIV.STAT.; and, <br /> <br />WHEREAS, the City Council of the City of San Marcos, Texas <br />believes an amendment of the Texas Controlled Substances Act to <br />define drug paraphernalia, to prohibit the manufacture, advertisement, <br />delivery or use of drug paraphernalia and to separately prohibit <br />its delivery to minors is in the best interests of the citizens of <br />San Marcos, Texas; and, <br /> <br />WHEREAS, said Council wishes to communicate its concern about <br />the problem of drug paraphernalia to the San Marcos area legislators, <br />Lloyed Doggett, State Senator for District 14, and Don Rains, State <br />Represenative for District 45; now, therefore, <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />PART 1. That the Texas Controlled Substances Act, Article <br />4476-15, TEX.REV.CIV.STAT., should be amended, and the Texas Legislature <br />is hereby urged to so amend the act, to define drug paraphernalia, <br />to prohfubit the manufacture, advertisement, delivery or use of drug <br />paraphernalia and to separately prohibit its delivery to minors. <br /> <br />PART 2. That the Mayor of the City of San Marcos, Kenneth <br />V. Kraus is hereby directed to transmit copies of this resolution <br />to Lloyed Doggett and Don Rains, Members of the Texas Legislature. <br /> <br />PART 3. That this Resolution shall be in full force and effect <br />from and after its date of passage. <br /> <br />ATTEST: <br />~~ ~\ \, <br />2.~\\Q ~~ <br />Sharyl Werne <br />Deputy City Secretary <br /> <br />