HB 288

Bumgarner’s Drug Premises Felony Reaches Anyone Who Controls A Space

Died in committee

Verdict: Smells

SmellsInitial review

Rep. Benjamin BumgarnerRHouse 63

Why it's charged

Dragnet

THE CAPTION

“relating to creating the criminal offense of operating a premises for unlawful controlled substance consumption.”

Caption, introduced version (I)

THE TEXT

“regardless of whether compensation is expected or received, makes the premises available to others for the purpose of allowing persons on the premises to use a controlled substance in violation of this chapter.”

Bill text, introduced version (I)

The caption pitches an offense for operating a drug-use premises, but this clause reaches anyone who controls a space, even temporarily and unpaid, and knowingly lets others use drugs there. That could include a renter or host in a private home, all at second-degree felony level.

Dragnet

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 creating the criminal offense of operating a premises for unlawful controlled substance consumption.

Caption from analyzed text · version I.

Summary

Even temporarily, even unpaid. A renter or home host could face a second-degree felony.

The bill creates a new second-degree felony for anyone who owns, rents, manages or controls a building and knowingly runs it, profits from it, or makes it available so people can use illegal drugs there. It reaches property owners, landlords, managers and anyone who controls a space, even temporarily and even without being paid. Starting September 1, 2025, letting people use controlled substances on a premises you control can bring a second-degree felony charge on top of any other charge.

Labels

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

Receipt

The receipt

89R-HB288 · 2024-11-12

SOLD BY

Rep. Benjamin BumgarnerRHouse 63

ITEM

relating to creating the criminal offense of operating a premises for unlawful controlled substance consumption.

WHAT IT DOES

Even temporarily, even unpaid. A renter or home host could face a second-degree felony.

CHARGES

[x] DRAGNETanalysis confidence 50%

THE CAPTION

“relating to creating the criminal offense of operating a premises for unlawful controlled substance consumption.”

Caption, introduced version (I)

THE TEXT

“regardless of whether compensation is expected or received, makes the premises available to others for the purpose of allowing persons on the premises to use a controlled substance in violation of this chapter.”

Bill text, introduced version (I)

TOTAL

No fiscal note in the loaded record.

HISTORY

Nov 12, 2024Filed
Feb 27, 2025Read first time
Feb 27, 2025Referred to Criminal Jurisprudence
Mar 25, 2025Referred directly to subcommittee by chair

FILED UNDER

No verified beat found.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Benjamin Bumgarner

Donors

Texans for Lawsuit Reform PAC$685K Texas Conservative Majority PAC$444K Texas REALTORS Political Action Committee$124K

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 29, 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.

Texans for Lawsuit Reform PAC$684,547.30

Texans for Lawsuit Reform PAC

$684,547.30

Cash: $45,000.00
Paid by others: $639,547.30
Total: $684,547.30

advertising $362,314.98grassroots $175,000.00mail $73,471.97polling $28,760.35

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Nov 4, 2024 to Oct 22, 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: 100977031, 101011438, 101032753, 101060419, 101068130, 101070151.

Texas Conservative Majority PAC$443,776.00

Texas Conservative Majority PAC

$443,776.00

Cash: $125,000.00
Paid by others: $318,776.00
Total: $443,776.00

canvassing $294,526.00polling $24,250.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Aug 12, 2026 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.

Report IDs: 101068130, 101070151.

Texas REALTORS Political Action Committee$124,437.26

Texas REALTORS Political Action Committee

$124,437.26

Cash: $30,000.00
Paid by others: $94,437.26
Total: $124,437.26

mail $85,600.30text $8,736.96event $100.00

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Oct 29, 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.

Report IDs: 100977031, 101032753, 101068130, 101070151.

Money

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

Texans for Lawsuit Reform PAC

$684,547.30

Cash: $45,000.00
Paid by others: $639,547.30
Total: $684,547.30

advertising $362,314.98grassroots $175,000.00mail $73,471.97polling $28,760.35

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Nov 4, 2024 to Oct 22, 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: 100977031, 101011438, 101032753, 101060419, 101068130, 101070151.

Texas Conservative Majority PAC

$443,776.00

Cash: $125,000.00
Paid by others: $318,776.00
Total: $443,776.00

canvassing $294,526.00polling $24,250.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Aug 12, 2026 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.

Report IDs: 101068130, 101070151.

Texas REALTORS Political Action Committee

$124,437.26

Cash: $30,000.00
Paid by others: $94,437.26
Total: $124,437.26

mail $85,600.30text $8,736.96event $100.00

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Oct 29, 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.

Report IDs: 100977031, 101032753, 101068130, 101070151.

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

03/25/2025 H Referred directly to subcommittee by chair

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Criminal Jurisprudence · Final status: Died in committee

Subjects

Crimes--Drugs

Text

The text as introduced · 259 words

89R1688 CJD-F

By: Bumgarner
H.B. No. 288

A BILL TO BE ENTITLED

AN ACT

relating to creating the criminal offense of operating a premises

for unlawful controlled substance consumption.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 481, Health and Safety

Code, is amended by adding Section 481.142 to read as follows:

Sec. 481.142. OFFENSE: OPERATING PREMISES FOR UNLAWFUL

CONTROLLED SUBSTANCE CONSUMPTION. (a) In this section, "premises"

has the meaning assigned by Section 46.03, Penal Code.

(b) A person commits an offense if the person:

(1) owns, rents, leases, manages, or otherwise

controls any premises, permanently or temporarily; and

(2) knowingly:

(A) operates the premises for the purpose of

allowing persons on the premises to use a controlled substance in

violation of this chapter;

(B) rents, leases, or otherwise profits from a

premises described by Subdivision (1) that is operated or otherwise

made available for the purpose of allowing persons on the premises

to use a controlled substance in violation of this chapter; or

(C) regardless of whether compensation is

expected or received, makes the premises available to others for

the purpose of allowing persons on the premises to use a controlled

substance in violation of this chapter.

(c) An offense under this section is a felony of the second

degree.

(d) If conduct that constitutes an offense under this

section also constitutes an offense under any other law, the actor

may be prosecuted under this section, the other law, or both.

SECTION 2. This Act takes effect September 1, 2025.