Monitoring the SessionHB 1790
Died in committee
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
relating to criminal penalties and defenses to prosecution for certain drug possession and drug paraphernalia offenses.
Caption from analyzed text · version I.
One ounce or less is no longer an offense. Paraphernalia offense repealed.
The bill makes possessing one ounce of marijuana or less no longer an offense, repeals the offense of possessing drug paraphernalia, and widens the legal defense for people who call for help during an overdose. It touches people caught with small amounts of drugs or paraphernalia, and people who seek emergency medical help for themselves or someone else during a possible overdose. On the ground, people with prior drug records, a past use of the defense, or a recent call for help no longer lose the overdose defense. Marijuana possession charges start above one ounce, and paraphernalia possession is no longer an offense.
Labels: ZOMBIE BILL. Died 2 times: 88R SB 1183 by Sen. Eckhardt (Died in committee) and this bill (Died in committee). Checked against 88R only.DO-OVER. Reworked text of a bill filed before that died: 88R SB 1183 by Sen. Eckhardt (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 Jan 8, 2025 and referred to the House Public Health committee. No public hearing. The bill died.
89R-HB1790 · 2025-01-08
relating to criminal penalties and defenses to prosecution for certain drug possession and drug paraphernalia offenses.
One ounce or less is no longer an offense. Paraphernalia offense repealed.
The bill makes possessing one ounce of marijuana or less no longer an offense, repeals the offense of possessing drug paraphernalia, and widens the legal defense for people who call for help during an overdose. It touches people caught with small amounts of drugs or paraphernalia, and people who seek emergency medical help for themselves or someone else during a possible overdose. On the ground, people with prior drug records, a past use of the defense, or a recent call for help no longer lose the overdose defense. Marijuana possession charges start above one ounce, and paraphernalia possession is no longer an offense.
[ ] NONE FOUND
No fiscal note in the loaded record.
No verified beat found.
THANK YOU FOR CHECKING THE RECEIPT
CAMPAIGN PAID FOR BY
Not tied to this bill.
The author's campaign account only. Own money and internal transfers are separate on the member page.
Derived itemized flow · Oct 28, 2024 to Oct 23, 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.
$56,000.00
Also funds 5 other sitting lawmakers.
Derived recipient stock · Nov 22, 2024 to Oct 12, 2026. State data as of Nov 4, 2026.
TEC account match.
Derived itemized flow · Nov 22, 2024 to Oct 12, 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.
Report IDs: 100986907, 101059773, 101069326, 101072293.
$17,000.00
Also funds 121 other sitting lawmakers.
Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.
TEC account match.
TeamDerived itemized flow · Dec 9, 2024 to Sep 29, 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.
Report IDs: 100986907, 101032801, 101059773, 101072293.
Missing data does not establish zero giving. Display amounts are rounded.
$56,000.00
Also funds 5 other sitting lawmakers.
Derived recipient stock · Nov 22, 2024 to Oct 12, 2026. State data as of Nov 4, 2026.
TEC account match.
Derived itemized flow · Nov 22, 2024 to Oct 12, 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.
Report IDs: 100986907, 101059773, 101069326, 101072293.
$17,000.00
Also funds 121 other sitting lawmakers.
Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.
TEC account match.
TeamDerived itemized flow · Dec 9, 2024 to Sep 29, 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.
Report IDs: 100986907, 101032801, 101059773, 101072293.
No floor vote loaded for this bill.
No fiscal note in the loaded record.
Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.
Filed 2 times: 88R and 89R. Checked against 88R only.
by Sen. Eckhardt, different lead author · Died in committee · reworked
Introduced textLast action, Mar 9, 2023: Referred to Criminal Justice
Relating to the defense to prosecution for certain offenses involving possession of small amounts of controlled substances, marihuana, dangerous drugs, or abusable volatile chemicals, or possession of drug paraphernalia for defendants seeking assistance for a suspected overdose.
Caption, 88R bill history
Texas House · Filed Jan 8, 2025
03/14/2025 H Referred to Public Health: Mar 14 2025 2:36PM
Texas Legislature Online · Introduced
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
Crimes--Drugs
The text as introduced · 2,627 words
89R1561 CJD-D By: Bucy H.B. No. 1790 A BILL TO BE ENTITLED AN ACT relating to criminal penalties and defenses to prosecution for certain drug possession and drug paraphernalia offenses. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 481.115(h), Health and Safety Code, is amended to read as follows: (h) The defense to prosecution provided by Subsection (g) is not available if[ : [ (1) ] at the time the request for emergency medical assistance was made: (1) [ (A) ] a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or (2) [ (B) ] the actor is committing another offense, other than an offense punishable under Section 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense under Section 481.119(b), [ 481.125(a), ] 483.041(a), or 485.031(a)[ ; [ (2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485; [ (3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.1151(c), 481.116(f), 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), 483.041(e), or 485.031(c); or [ (4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person ]. SECTION 2. Section 481.1151(d), Health and Safety Code, is amended to read as follows: (d) The defense to prosecution provided by Subsection (c) is not available if[ : [ (1) ] at the time the request for emergency medical assistance was made: (1) [ (A) ] a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or (2) [ (B) ] the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense under Section 481.119(b), [ 481.125(a), ] 483.041(a), or 485.031(a)[ ; [ (2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485; [ (3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.116(f), 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), 483.041(e), or 485.031(c); or [ (4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person ]. SECTION 3. Section 481.116(g), Health and Safety Code, is amended to read as follows: (g) The defense to prosecution provided by Subsection (f) is not available if[ : [ (1) ] at the time the request for emergency medical assistance was made: (1) [ (A) ] a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or (2) [ (B) ] the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense under Section 481.119(b), [ 481.125(a), ] 483.041(a), or 485.031(a)[ ; [ (2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485; [ (3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), 483.041(e), or 485.031(c); or [ (4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person ]. SECTION 4. Section 481.1161(d), Health and Safety Code, is amended to read as follows: (d) The defense to prosecution provided by Subsection (c) is not available if[ : [ (1) ] at the time the request for emergency medical assistance was made: (1) [ (A) ] a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or (2) [ (B) ] the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense under Section 481.119(b), [ 481.125(a), ] 483.041(a), or 485.031(a)[ ; [ (2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485; [ (3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.116(f), 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), 483.041(e), or 485.031(c); or [ (4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person ]. SECTION 5. Section 481.117(g), Health and Safety Code, is amended to read as follows: (g) The defense to prosecution provided by Subsection (f) is not available if[ : [ (1) ] at the time the request for emergency medical assistance was made: (1) [ (A) ] a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or (2) [ (B) ] the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or 481.121(b)(1) or (2), or an offense under Section 481.119(b), [ 481.125(a), ] 483.041(a), or 485.031(a)[ ; [ (2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485; [ (3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.116(f), 481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g), 483.041(e), or 485.031(c); or [ (4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person ]. SECTION 6. Section 481.118(g), Health and Safety Code, is amended to read as follows: (g) The defense to prosecution provided by Subsection (f) is not available if[ : [ (1) ] at the time the request for emergency medical assistance was made: (1) [ (A) ] a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or (2) [ (B) ] the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or 481.121(b)(1) or (2), or an offense under Section 481.119(b), [ 481.125(a), ] 483.041(a), or 485.031(a)[ ; [ (2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485; [ (3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.116(f), 481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g), 483.041(e), or 485.031(c); or [ (4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person ]. SECTION 7. Section 481.119(d), Health and Safety Code, is amended to read as follows: (d) The defense to prosecution provided by Subsection (c) is not available if[ : [ (1) ] at the time the request for emergency medical assistance was made: (1) [ (A) ] a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or (2) [ (B) ] the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense under Section [ 481.125(a), ] 483.041(a), or 485.031(a)[ ; [ (2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485; [ (3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.116(f), 481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g), 483.041(e), or 485.031(c); or [ (4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person ]. SECTION 8. Sections 481.121(a), (b), and (d), Health and Safety Code, are amended to read as follows: (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana greater than one ounce . (b) An offense under Subsection (a) is: (1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less but more than one ounce ; (2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces; (3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces; (4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds; (5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and (6) 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 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds. (d) The defense to prosecution provided by Subsection (c) is not available if[ : [ (1) ] at the time the request for emergency medical assistance was made: (1) [ (A) ] a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or (2) [ (B) ] the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or 481.118(b), or an offense under Section 481.119(b), [ 481.125(a), ] 483.041(a), or 485.031(a)[ ; [ (2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485; [ (3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.116(f), 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.125(g), 483.041(e), or 485.031(c); or [ (4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person ]. SECTION 9. The heading to Section 481.125, Health and Safety Code, is amended to read as follows: Sec. 481.125. OFFENSE: [ POSSESSION OR ] DELIVERY OF DRUG PARAPHERNALIA. SECTION 10. Section 483.041(f), Health and Safety Code, is amended to read as follows: (f) The defense to prosecution provided by Subsection (e) is not available if[ : [ (1) ] at the time the request for emergency medical assistance was made: (1) [ (A) ] a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or (2) [ (B) ] the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense under Section 481.119(b), [ 481.125(a), ] or 485.031(a)[ ; [ (2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 481 or 485; [ (3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.116(f), 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), or 485.031(c); or [ (4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person ]. SECTION 11. Section 485.031(d), Health and Safety Code, is amended to read as follows: (d) The defense to prosecution provided by Subsection (c) is not available if[ : [ (1) ] at the time the request for emergency medical assistance was made: (1) [ (A) ] a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or (2) [ (B) ] the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense under Section 481.119(b), [ 481.125(a), ] or 483.041(a)[ ; [ (2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 481 or 483; [ (3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.116(f), 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), or 483.041(e); or [ (4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person ]. SECTION 12. Sections 481.125(a), (d), (g), (h), and (i), Health and Safety Code, are repealed. SECTION 13. (a) Except as provided by Subsection (b), the changes in law made by this Act apply 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 before that date. (b) The change in law made by this Act to Section 481.125, Health and Safety Code, applies to conduct that occurs before, on, or after the effective date of this Act, except that a final conviction for an offense that exists on the effective date of this Act is unaffected by this Act. SECTION 14. This Act takes effect September 1, 2025.