HB 1644

AN ACT relating to the use, possession, delivery, or manufacture of

House Bill Oliverson | Garcia Hernandez, Cassandra | McQueeney | Campos | Plesa
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

← Back to Bills

Committee

Not yet assigned

Fiscal Note

Not available

What This Bill Does

This Texas bill creates a legal exemption for individuals and organizations using, possessing, manufacturing, or delivering testing equipment designed to detect fentanyl and its derivatives. The legislation specifically protects people who have such testing equipment from prosecution under existing drug paraphernalia laws, effectively supporting harm reduction efforts by making it easier to identify dangerous fentanyl-related substances. By removing legal barriers to fentanyl testing, the bill aims to help reduce accidental overdoses and improve public health safety.

Subject Areas

Bill Text

relating to the use, possession, delivery, or manufacture of
testing equipment that identifies the presence of fentanyl,
alpha-methylfentanyl, any other derivative of fentanyl, or
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 481.125, Health and Safety Code, is
amended by adding Subsection (j) to read as follows:
(j)  This section does not apply to a person who uses,
possesses with the intent to use, delivers, possesses with intent
to deliver, or manufactures with intent to deliver testing
equipment that identifies the presence of fentanyl,
alpha-methylfentanyl, any other derivative of fentanyl, or
SECTION 2.  The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect at the time the offense was committed,
and the former law is continued in effect for that purpose.  For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
SECTION 3.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to the use, possession, delivery, or manufacture of