HB 1644: bill taking fentanyl test strips off the paraphernalia list

Caption

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 xylazine.

Caption from analyzed text · version I.

Summary

Test strips for fentanyl and xylazine stop counting as drug paraphernalia.

The bill removes fentanyl and xylazine test strips and similar testing equipment from the state drug paraphernalia offense in Section 481.125 of the Health and Safety Code. It touches anyone who uses, carries, hands out, or makes testing equipment that detects fentanyl, fentanyl derivatives, or xylazine. Starting September 1, 2025, a person cannot face a paraphernalia offense for using, possessing, delivering, or manufacturing that testing equipment.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R HB 362 (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 HB 362 (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.ACROSS THE AISLE. Joint authors: 2 Republicans, 3 Democrats. Party as the Legislative Reference Library lists it for the 89th Legislature.GOT HALFWAY. Passed the House on Apr 23, 2025. Died in the Senate: never got out of the Criminal Justice committee.

Receipt

The receipt

89R-HB1644 · 2024-12-17

SOLD BY

Rep. Tom OliversonRHouse 130

Rep. Cassandra Garcia HernandezDHouse 115

Rep. John McQueeneyRHouse 97

+ 2 more authors, 5 coauthors

ITEM

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 xylazine.

WHAT IT DOES

Test strips for fentanyl and xylazine stop counting as drug paraphernalia.

The bill removes fentanyl and xylazine test strips and similar testing equipment from the state drug paraphernalia offense in Section 481.125 of the Health and Safety Code. It touches anyone who uses, carries, hands out, or makes testing equipment that detects fentanyl, fentanyl derivatives, or xylazine. Starting September 1, 2025, a person cannot face a paraphernalia offense for using, possessing, delivering, or manufacturing that testing equipment.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · April 2, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

Dec 17, 2024Filed
Mar 12, 2025Read first time
Mar 12, 2025Referred to Public Health
Mar 24, 2025Scheduled for public hearing on . . .
Mar 24, 2025Considered in public hearing
Mar 24, 2025Committee substitute considered in committee
Mar 24, 2025Testimony taken/registration(s) recorded in committee
Mar 24, 2025Left pending in committee
Mar 31, 2025Considered in public hearing
Mar 31, 2025Committee substitute considered in committee
Mar 31, 2025Reported favorably as substituted
Apr 8, 2025Comte report filed with Committee Coordinator
Apr 8, 2025Committee report distributed
Apr 8, 2025Committee report sent to Calendars
Apr 17, 2025Considered in Calendars
Apr 22, 2025Placed on General State Calendar
Apr 22, 2025Read 2nd time
Apr 22, 2025Passed to engrossment
Apr 22, 2025Record vote RV#346
Apr 22, 2025Statement(s) of vote recorded in Journal
Apr 23, 2025Read 3rd time
Apr 23, 2025Passed
Apr 23, 2025Record vote RV#396
Apr 23, 2025Reported engrossed
Apr 23, 2025Received from the House
Apr 24, 2025Read first time
Apr 24, 2025Referred to Criminal Justice

FILED UNDER

No verified beat found.

SIGNED FOR BY

House · 147 yea · 0 nay

Sources

House: Final passage · Apr 23, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Tom Oliverson

Donors

Donors report through Friends of Tom Oliverson.

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 27, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Votes2

House Apr 23, 2025

Yea: 147
Nay: 0
Present, not voting: 2
Absent: 1
Excused: 0

Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 396

HB 1644 was passed by (Record 396): 147 Yeas, 0 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

Yea: 147 (published)
Nay: 0 (published)
Present, not voting: 2 (published)
Absent: 1 (derived from named list)
Excused: 0 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House Apr 22, 2025

Yea: 145
Nay: 0
Present, not voting: 1
Absent: 3
Excused: 1

Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 346

CSHB 1644 was passed to engrossment by (Record 346): 145 Yeas, 0 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

Yea: 145 (published)
Nay: 0 (published)
Present, not voting: 1 (published)
Absent: 3 (derived from named list)
Excused: 1 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Witnesses34

For: 33
Against: 1
On: 0

Names

For

Assoc of Substance Abuse Programs & Tx Healthy Minds Coalition1 registration
Baptist General Convention of Texas Christian Life Commission1 registration
Bexar County Commissioners Court1 registration
City of Austin1 registration
City of Fort Worth1 registration
City of San Antonio1 registration
Clarity Child Guidance Center1 registration
Conference of Urban Counties1 registration
Dallas County1 registration
Harris County Commissioners Court1 registration
Make Texans Healthy Again1 registration
National Alliance on Mental Illness (NAMI) Texas1 registration
Self6 registrations
Self; Austin Justice Coalition1 registration
Self; City of Dallas1 registration
Self; CWA Local 61541 registration
Self; Dream.Org1 registration
Shatterproof1 registration
Sheriffs’ Association of Texas1 registration
Texas center for justice and equity1 registration
Texas Chapter American College of Physicians1 registration
Texas Civil Rights Project1 registration
Texas Council of Community Centers1 registration
Texas Medical Association1 registration
Texas PTA1 registration
The Cenikor Foundation1 registration
Travis County Commissioners Court1 registration
VOCAL-TX1 registration

Against

Self1 registration

Sources

34 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · April 2, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R HB 362

by Rep. Oliverson, same lead author · Died in committee · same text

Introduced text

Last action, Apr 12, 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 of fentanyl.

Caption, 88R bill history

Sources

Texas House · Filed Dec 17, 2024

04/24/2025 S Referred to Criminal Justice

Texas Legislature Online · Introduced · House Committee Report · Engrossed

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Coauthors

Salman BhojaniDHouse 92

Aicha DavisDHouse 109

Josey GarciaDHouse 124

Vikki GoodwinDHouse 47

Penny Morales ShawDHouse 148

House committee · Public Health · Committee vote 12 aye, 0 nay, 1 absent · Out of committee

Senate committee · Criminal Justice · Final status: Died in committee

Companion

SB 362 by Eckhardt (similar)

SB 540 by Johnson (similar)

Subjects

Alcoholism & Drug Abuse

Crimes--Drugs

DRUG & ALCOHOL TESTING

Text

The text as introduced · 206 words

By: Oliverson
H.B. No. 1644

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, any other derivative of fentanyl, or

xylazine.

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

xylazine.

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.

Verdict: No flags

The receipt

SOLD BY

ITEM

WHAT IT DOES

CHARGES

TOTAL

HISTORY

SIGNED FOR BY

Donors

House Apr 23, 2025

House Apr 22, 2025

For

Against

88R HB 362

Companion