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Council member proposes tax money for city from illegal drugs

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  • Chapter 159 of the Texas Tax Code defines which controlled substances are taxed and the amount of the tax.

    The tax rate is:

    $200 for each gram of a controlled substance, counterfeit substance or simulated controlled substance.

    $3.50 for ...

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  • Chapter 159 of the Texas Tax Code defines which controlled substances are taxed and the amount of the tax.

    The tax rate is:

    $200 for each gram of a controlled substance, counterfeit substance or simulated controlled substance.

    $3.50 for each gram of marijuana.

    $2,000 for each 50-dosage unit or less of a controlled substance not sold by weight.

If criminals can make money from illegal drugs, why can't the city of Victoria?

That's the question recently elected Council Member Gabriel Soliz asks as he tries to find innovative ways to fund the city coffers.

"As much as we're tax-strapped right now, we need to find alternative sources of revenue," he said. "But this has absolutely nothing to do with legalizing drugs."

The Texas Tax Code allows for taxes to be imposed on the possession, purchase, acquisition and production of controlled substances. Those proceeds go to the state's general fund and not to the local agency making the drug bust, he said.

"So, there is no incentive for local municipalities to want to enforce the code," Soliz said. "Why put yourself in harm's way when the state won't give you anything back for it?"

Soliz contacted the office of State Rep. Geanie Morrison, R-Victoria, to ask if the Legislature could make allowances for the city to get part of that money.

While the Legislature won't meet again until 2011, Soliz said there's no reason he can't work with Morrison now to devise a plan.

Justin Unruh with Morrison's office said the tax question is being researched.

"Basically, we had never heard anything about it," he said. "So, we're looking into it, but we have not gotten information about it at this point."

Police Chief Bruce Ure said he also is unaware of the tax code provision.

A spokesperson for the state comptroller's office confirmed that the tax proceeds go into the state's general fund.

A person owes a tax on the drugs and is fined for possessing them without proof the tax was paid. The county ends up with a penalty that is equal to the amount of unpaid tax.

There is a potential for the change to be a lucrative one for Victoria because of the amount of drugs transported on U.S. Highway 59, Soliz said. He hopes his proposed change will also benefit law enforcement.

"Even if all we're going to do is capture mules, it would take them off the streets and force them to have to give up somebody's name," he said.

A mule is slang for a person who smuggles or delivers illicit substances such as drugs.


Comments


  • catahula

    Thanks for commenting on my post. Some people who post in these forums set up straw man arguments to deliberately direct the debate and comments off topic. To that end, they are disruptive. How in God's name does pedophiles and drug labs have any connection to the discussion in this thread? My only response to the catahula post is, if the police are responding to citizen complaints about people watering their yard during off hours, the police must have too much free time on their hands or the complaints are not believed. The complaints about meth labs and pedophiles not being investigated might just be what you said in your post, gossip. Anyone who has lived near a busy body knows that they call the police about all manner of suspected criminal activity on a regular basis. They become know to the police and like the little boy who cried wolf, the police do not respond. Police going on gossip calls are a waste of taxpayer paid police resources.

    July 16, 2009 at 9:44 a.m.

  • speaking of city council. Yesterday was the deadline election finance filings. Why didn't the Advocate report on any of that?

    July 16, 2009 at 8:41 a.m.

  • This comment was removed by the site staff for violation of the usage agreement.

    July 15, 2009 at 3:18 p.m.

  • Organized criminals use drug sales to fund illicit activities. Yes, portions of law enforcement activities are a form of tax revenue. Tenacious violent criminals need to be imprisoned, then executed; but non-violent offenders should not be incarcerated, but fined.

    I’m not too familiar as to what is being proposed, but I will provide my assessment as to the proper course.

    To effectively deal with these organizations, greatly diminish their revenue. Focus more on seizing revenue, increasing the cost of operations, and reducing their customer base.

    Buyers have only so much money to spend; eventually drug purchases could be discourage through siphoning funds from fines. Proper execution of the death penalty will discourage violent criminal acts, ask the Chinese. As their money dries up so will the drug activity.

    Eventually people will see the futility in spending money on drugs because it cost them more when caught, and spend it elsewhere in the community. The money will be spent.

    Persons found in possession of a controlled substance should be fined the value of the drugs. Local law enforcement should only receive proportional to what they would receive if the value had been taxed. The remainder should fund projects that generate more tax revenue but do not require continued funding. This insures the law enforcement operations budget increases are sustainable under any circumstance.

    This is how to effectively and responsibly deal with the drug problem, any questions?

    July 15, 2009 at 1:02 p.m.

  • Organized criminals use drug sales to fund illicit activities. Yes, portions of law enforcement activities are a form of tax revenue. Tenacious violent criminals need to be imprisoned, then executed; but non-violent offenders should not be incarcerated, but fined.

    I’m not too familiar as to what is being proposed, but I will provide my assessment as to the proper course.

    First, the illegal organized controlled substance industry operates through unofficial mini trinal governments. These consist of three castes: an aristocratic administration, economic bureaucracy and special operations military guild. These organizations have revenues that could equal that of large states and small countries.

    While it is in my nature to constantly question the motives of those in power, even law enforcement. It is prudent to assume that law enforcement tactics, take into consideration those applied by the Vietnamese against us in Vietnam.

    The Viet Con’s strategy was two fold; use public relations pressure to demoralize government efforts and to use our own resources against us in combat.

    Like the Viet Con these organizations place pubic pressure on governments, through support from their customers or sympathizers and use inadequate or poorly structured legislation to bankrupt and disenfranchise law enforcement, their resources, and assets.

    Case in point, large criminal organizations use smaller or local groups like buffer states, the way the United States and Russia used third world countries.

    Another example is in prison, organized groups use the laws that imprison non-violent drug offenders to acquire more customers and intimidate prisoners into service as potential mules or dealers. Basically, the law has been providing future customers and laborers for criminal organizations in the drug business for decades.

    To effectively deal with these organizations, greatly diminish their revenue. Focus more on seizing revenue, increasing the cost of operations, and reducing their customer base.

    Buyers have only so much money to spend; eventually drug purchases could be discourage through siphoning funds from fines. Proper execution of the death penalty will discourage violent criminal acts, ask the Chinese. As their money dries up so will the drug activity.

    Eventually people will see the futility in spending money on drugs because it cost them more when caught, and spend it elsewhere in the community. The money will be spent.

    Persons found in possession of a controlled substance should be fined the value of the drugs. Local law enforcement should only receive proportional to what they would receive if the value had been taxed. The remainder should fund projects that generate more tax revenue but do not require continued funding. This insures law enforcement operating budget increases are sustainable under any circumstance.

    This is how to effectively and responsibly deal with the drug problem, any questions?

    July 15, 2009 at 12:59 p.m.

  • Organized criminals use drug sales to fund illicit activities. Yes, portions of law enforcement activities are a form of tax revenue. Tenacious violent criminals need to be imprisoned, then executed; but non-violent offenders should not be incarcerated, but fined.

    I’m not too familiar as to what is being proposed, but I will provide my assessment as to the proper course.

    First, the illegal organized controlled substance industry operates through unofficial mini trinal governments. These consist of three castes: an aristocratic administration, economic bureaucracy and special operations military guild. These organizations have revenues that could equal that of large states and small countries.

    While it is in my nature to constantly question the motives of those in power, even law enforcement. It is prudent to assume that law enforcement tactics, take into consideration those applied by the Vietnamese against us in Vietnam.

    The Viet Con’s strategy was two fold; use public relations pressure to demoralize government efforts and to use our own resources against us in combat.

    Like the Viet Con these organizations place pubic pressure on governments, through support from their customers or sympathizers and use inadequate or poorly structured legislation to bankrupt and disenfranchise law enforcement, their resources, and assets.

    Case in point, large criminal organizations use smaller or local groups like buffer states, the way the United States and Russia used third world countries.

    Another example is in prison, organized groups use the laws that imprison non-violent drug offenders to acquire more customers and intimidate prisoners into service as potential mules or dealers. Basically, the law has been providing future customers and laborers for criminal organizations in the drug business for decades.

    To effectively deal with these organizations, greatly diminish their revenue. Focus more on seizing revenue, increasing the cost of operations, and reducing their customer base.

    Buyers have only so much money to spend; eventually drug purchases could be discourage through siphoning funds from fines. Proper execution of the death penalty will discourage violent criminal acts, ask the Chinese. As their money dries up so will the drug activity.

    Eventually people will see the futility in spending money on drugs because it cost them more when caught, and spend it elsewhere in the community. The money will be spent.

    Persons found in possession of a controlled substance should be fined the value of the drugs. Local law enforcement should only receive proportional to what they would receive if the value had been taxed. The remainder should fund projects that generate more tax revenue but do not require continued funding. This insures the law enforcement operations budget increases are sustainable under any circumstance.

    This is how to effectively and responsibly deal with the drug problem, any questions?

    July 15, 2009 at 12:59 p.m.

  • Zorro! Excellent post! Bravo! Bravo! Outstanding! I've been saying that very thing for many years! Preach loud, brother! Scream it from the rooftops! You are 100% correct! When the term "peace officer" was changed to "law enforcemet" officer I foresaw an ominous portent. They have become more of a revenue source for the state. Their powers have increased exponentially. In an effort to keep the thumb of big brother state grinding down on our foreheads my contract with the Social Security Administration has been nullified. How? My card says at the bottom, "For social security and tax purposes-not for identification." Yet the state of Texas requires my SS# to get a drivers license or state identification card. This is to track where you are working. They already require a physical address on the driver's license. The state wants to know where you are at all times.
    Zorro! Keep preaching! I'm listening!

    July 15, 2009 at 10:19 a.m.

  • Oh come on Gabriel.... where have you been? This dope (or dopey rather)"tax" scheme was another one of the Legislature"s stupid "let's look tough on crime" smoke and mirror shows quite some years ago. It didn't work when it was introduced and it won't work now. There is no practical way to enforce or collect it and it cheapens the efforts of law enforcement officers who are concentrating on real protection of the community and not raising revenue for the city and county coffers. Talk to the State Comptroller's Office agents and not to Mrs. Morrison's office, they'll tell you. This is old, old, old, news.

    July 15, 2009 at 9:40 a.m.

  • For several years now, cities and counties have been funding at an alarming rate an increasing portion of their budgets from law enforcement schemes. Some of the more successful LE scams have been the insurance liability, open container and seat belt law. All law enforcement agencies have an aggressive motor vehicle violations ticketing program. Beyond those quite obvious schemes, offenders for all crimes are assessed court costs and fines, which when not timely paid beget additional court costs and fines. The net effect of these court cost and fines is many offenders serve additional time in jail. Others are incarcerated from routine traffic stops that reveal outstanding warrants for unpaid traffic tickets, failure to pay child support, etc, which itself produces additional fines for failure to appear and pay as ordered, and then these people wind up incarcerated. The long and the short of it is that government at all levels is using police power to raise revenues to fund government. It has the appearance of being an organized criminal protection racket being enforced by law enforcement. The Sheriff recently requested a several million dollar increase in his budget. If not received, watch out for more confiscations of cars, real estate, money and other assets, that will be auctioned off to buy more police toys, add additional officers, and attend more law enforcement seminars at vacation destinations. It high time law enforcement concentrates its efforts on the violent offender, who is the real danger to society.

    July 15, 2009 at 9:20 a.m.

  • Yeah, right. Tax the stuff that is brought in illegally? One would have better luck taxing a Dung Beetle for moving it's load across the ground!

    July 15, 2009 at 8:31 a.m.

  • Before we get all excited about all this controlled substance tax money idea lets look at the State comptroller website. The State of Texas is expected to gain about $1,000.00 (thats one thousand dollars) in revenue from this tax. With all the drugs seized annually the state gets $1,000.00 in tax revenue. ???????

    July 15, 2009 at 8:11 a.m.

  • I think that is a great idea! Who would have ever thought that law enforcement agencies could confiscate cars, homes, planes, boats, etc used in illegal drug activities. It was a weird idea when it was first proposed but look how successful the idea is now. People aren't laughing anymore. Give it a try....what do we have to lose?

    July 14, 2009 at 10:06 p.m.

  • Youre going to be recently-defeated Council Member Gabriel Soliz if this stupidity continues.

    You need to research the intent of this law and feasibility of collecting any money.

    This is as silly as charging the Victoria County inmates a hotel tax.

    July 14, 2009 at 9:42 p.m.

  • Are you kidding me? How about trim the fat from the upper echelons of the City, stop giving enormous raises to the undeserving and not funding frivolous projects?

    July 14, 2009 at 4:24 p.m.