The fine goes up to $500,000, with 20 to 99 years or life.
This bill raises the punishment for delivering a drug listed in Penalty Group 1-B to a child, from a second-degree felony to a first-degree felony carrying 20 to 99 years or life and a fine of up to $500,000. It makes the offense a capital felony if the child, or another child, dies from using any amount of the delivered drug, even if it was mixed with something else. It touches anyone who delivers these drugs to children, and it applies only to offenses committed on or after September 1, 2025.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 3578 (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 HB 3578 (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 Nov 12, 2024 and referred to the House Criminal Jurisprudence committee. No public hearing. The bill died.
relating to increasing the criminal penalties for delivery of a
controlled substance in Penalty Group 1-B to a child.
WHAT IT DOES
The fine goes up to $500,000, with 20 to 99 years or life.
This bill raises the punishment for delivering a drug listed in Penalty Group 1-B to a child, from a second-degree felony to a first-degree felony carrying 20 to 99 years or life and a fine of up to $500,000. It makes the offense a capital felony if the child, or another child, dies from using any amount of the delivered drug, even if it was mixed with something else. It touches anyone who delivers these drugs to children, and it applies only to offenses committed on or after September 1, 2025.
Data snapshot Oct 26, 2026 at 6:51 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Criminal Jurisprudence · Final status: Died in committee
Subjects
Crimes--Drugs
Criminal Procedure--Sentencing & Punishment
Minors--Crimes Against
Text
The text as introduced · 303 words
89R2592 CJD-D
By: Bumgarner
H.B. No. 453
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalties for delivery of a
controlled substance in Penalty Group 1-B to a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.122(c), Health and Safety Code, is
amended to read as follows:
(c) An offense under this section is a felony of the second
degree , except that an offense under this section is:
(1) 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 20 years, and a
fine not to exceed $500,000, if the actor delivers a controlled
substance listed in Penalty Group 1-B to a child; or
(2) a capital felony if the actor delivers a
controlled substance listed in Penalty Group 1-B to a child and that
child or another child dies as a result of injecting, ingesting,
inhaling, or introducing into the child's body any amount of the
controlled substance delivered by the actor, regardless of whether
the controlled substance was used by itself or with another
substance, including a drug, adulterant, or dilutant .
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 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 was
committed before that date.
SECTION 3. This Act takes effect September 1, 2025.