SB 362
bill exempts fentanyl test strips from paraphernalia law
Died in committee
Verdict: No flags
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
Testing for Penalty Group 1-B substances stops counting as paraphernalia.
The bill exempts fentanyl test strips and similar testing equipment that detects Penalty Group 1-B substances from the state's drug paraphernalia offense. It touches anyone who uses, carries, hands out, or makes these testing tools, including harm-reduction groups and drug users. Starting September 1, 2025, possessing or distributing this testing equipment would no longer be a paraphernalia offense under that section.
Labels
Labels: NEVER GOT A HEARING. Filed Nov 13, 2024 and referred to the Senate Criminal Justice committee. No public hearing. The bill died.
Receipt
The receipt
89R-SB362 · 2024-11-13
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
Testing for Penalty Group 1-B substances stops counting as paraphernalia.
The bill exempts fentanyl test strips and similar testing equipment that detects Penalty Group 1-B substances from the state's drug paraphernalia offense. It touches anyone who uses, carries, hands out, or makes these testing tools, including harm-reduction groups and drug users. Starting September 1, 2025, possessing or distributing this testing equipment would no longer be a paraphernalia offense under that section.
CHARGES
[ ] NONE FOUND
TOTAL
No fiscal note in the loaded record.
HISTORY
- Received by the Secretary of the Senate
- Filed
- Read first time
- Referred to Criminal Justice
FILED UNDER
No verified beat found.
THANK YOU FOR CHECKING THE RECEIPT
CAMPAIGN PAID FOR BY
CAMPAIGN PAID FOR BY
Donors
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 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.
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 Senate · Filed Nov 13, 2024
02/03/2025 S Referred to Criminal Justice
Texas Legislature Online · Introduced
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
Senate committee · Criminal Justice · Final status: Died in committee
Companion
HB 253 by Talarico (identical)
SB 540 by Johnson (duplicate)
Subjects
Alcoholism & Drug Abuse
Crimes--Drugs
Health--Other Diseases & Medical Conditions
DRUG & ALCOHOL TESTING
Text
The text as introduced · 204 words
89R434 CJD-F By: Eckhardt, Cook S.B. No. 362 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.