Monitoring the Session

HB 253

bill exempting fentanyl test strips from paraphernalia law

Died in committee

Verdict: No flags

No flagsInitial review
Rep. James TalaricoDHouse 50

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 a substance listed in Penalty Group 1-B.

Caption from analyzed text · version I.

Summary

Test strips stop counting as drug paraphernalia.

The bill exempts fentanyl test strips and similar testing equipment that detects Penalty Group 1-B substances from the state's drug paraphernalia law. It touches anyone who uses, carries, hands out or makes these testing devices, including individuals and groups that distribute them. Starting September 1, 2025, possessing or distributing such testing equipment would no longer be a paraphernalia offense under Section 481.125.

Labels

Labels: NEVER GOT A HEARING. Filed Nov 12, 2024 and referred to the House Public Health committee. No public hearing. The bill died.

Receipt

The receipt

89R-HB253 · 2024-11-12

SOLD BY

ITEM

relating to the use, possession, delivery, or manufacture of testing equipment that identifies the presence of a substance listed in Penalty Group 1-B.

WHAT IT DOES

Test strips stop counting as drug paraphernalia.

The bill exempts fentanyl test strips and similar testing equipment that detects Penalty Group 1-B substances from the state's drug paraphernalia law. It touches anyone who uses, carries, hands out or makes these testing devices, including individuals and groups that distribute them. Starting September 1, 2025, possessing or distributing such testing equipment would no longer be a paraphernalia offense under Section 481.125.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Public Health
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Peter McCarthy$20,000Bailey Mccarthy$10,000Walter Horton$8,500

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 · Jul 1, 2024 to Jun 9, 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.

Peter McCarthy$20,000.00
Bailey Mccarthy$10,000.00
Walter Horton$8,500.00
Money

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

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

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

Sources

Texas House · Filed Nov 12, 2024

02/27/2025 H Referred to Public Health: Feb 27 2025 11:13AM

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

Companion

SB 362 by Eckhardt (identical)

SB 540 by Johnson (identical)

Subjects

Alcoholism & Drug Abuse

Crimes--Drugs

Health--Other Diseases & Medical Conditions

DRUG & ALCOHOL TESTING

Text

The text as introduced · 203 words

89R434 CJD-F

By: Talarico
H.B. No. 253

A BILL TO BE ENTITLED

AN ACT

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

testing equipment that identifies the presence of a substance

listed in Penalty Group 1-B.

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 intent to use, delivers, possesses with intent to

deliver, or manufactures with intent to deliver testing equipment

that identifies the presence of a substance listed in Penalty Group

1-B.

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.