Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade
Caption
relating to the use, possession, delivery, or manufacture of
testing equipment that identifies the presence of fentanyl,
alpha-methylfentanyl, or any other derivative or controlled
substance analogue of fentanyl.
Testing equipment for fentanyl stops counting as drug paraphernalia.
The bill exempts fentanyl test strips and similar testing equipment from the Texas drug paraphernalia law. It touches anyone who uses, carries, gives out, or makes equipment that detects fentanyl or fentanyl look-alikes. Starting September 1, 2025, possessing or handing out that testing equipment would no longer be a paraphernalia offense under that section.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R SB 234 by Sen. Hinojosa (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 234 by Sen. Hinojosa (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Dec 3, 2024 and referred to the House Public Health committee. No public hearing. The bill died.
relating to the use, possession, delivery, or manufacture of
testing equipment that identifies the presence of fentanyl,
alpha-methylfentanyl, or any other derivative or controlled
substance analogue of fentanyl.
WHAT IT DOES
Testing equipment for fentanyl stops counting as drug paraphernalia.
The bill exempts fentanyl test strips and similar testing equipment from the Texas drug paraphernalia law. It touches anyone who uses, carries, gives out, or makes equipment that detects fentanyl or fentanyl look-alikes. Starting September 1, 2025, possessing or handing out that testing equipment would no longer be a paraphernalia offense under that section.
Last action, Feb 15, 2023: Referred to Criminal Justice
Relating to the use, possession, delivery, or manufacture of testing equipment that identifies the presence of fentanyl, alpha-methylfentanyl, or any other derivative or controlled substance analogue of fentanyl.
Caption, 88R bill history
Sources
Texas House · Filed Dec 3, 2024
03/11/2025 H Referred to Public Health: Mar 11 2025 3:26PM
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Public Health · Final status: Died in committee
Subjects
Crimes--Drugs
DRUG & ALCOHOL TESTING
Text
The text as introduced · 212 words
By: Zwiener
H.B. No. 1496
A BILL TO BE ENTITLED
AN ACT
relating to the use, possession, delivery, or manufacture of
testing equipment that identifies the presence of fentanyl,
alpha-methylfentanyl, or any other derivative or controlled
substance analogue of fentanyl.
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, or any other derivative or controlled
substance analogue of fentanyl.
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
before that date.
SECTION 3. This Act takes effect September 1, 2025.