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HB 3464

AN ACT relating to the offense of providing a controlled substance to a

House Bill Meza | Lalani
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

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Committee

Not yet assigned

Fiscal Note

Not available

What This Bill Does

Increases criminal penalties for correctional facility employees who provide controlled substances to inmates. If an employee provides an unauthorized controlled substance to a person in custody, they can face a second-degree felony, with penalties escalating to a first-degree felony if the substance's administration causes the inmate's death. The law introduces stricter criminal charges ranging from standard felony penalties to potential life imprisonment and a fine up to $250,000, aimed at preventing drug trafficking within correctional facilities.

Subject Areas

Bill Text

relating to the offense of providing a controlled substance to a
person in the custody of a correctional facility; increasing a
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 38.11, Penal Code, is amended by
amending Subsection (g) and adding Subsections (g-1) and (g-2) to
(g)  Except as otherwise provided by Subsections (g-1) and
(g-2), an [An] offense under this section is a felony of the third
(g-1)  Except as otherwise provided by Subsection (g-2), an
offense under Subsection (a) is a felony of the second degree if the
(1)  is employed by the correctional facility; and
(2)  provides a controlled substance to a person in the
custody of the correctional facility, except on the prescription of
(g-2)  An offense under Subsection (a) is a felony of the
first degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for a term of not more than 99 years or
less than 15 years, and a fine not to exceed $250,000 if:
(1)  the actor is employed by the correctional
(2)  the actor provides a controlled substance to a
person in the custody of the correctional facility, except on the
prescription of a practitioner; and
(3)  the ingestion, inhalation, injection, or other
administration of the controlled substance causes the death of a
person in the custody of the facility.
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 on the date 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 offense of providing a controlled substance to a