Texas House Bill HB753

Texas 2023 - 88th Regular

• Filed: 11/17/22

Caption

Relating to removing criminal penalties for the possession of drug paraphernalia under the Texas Controlled Substances Act.

Impact

If enacted, HB753 would significantly alter the legal landscape regarding drug paraphernalia in Texas. The removal of criminal penalties would not only decrease the number of individuals prosecuted for possession but is also expected to encourage individuals in need of medical assistance, particularly during drug overdoses, to seek help without fear of legal repercussions. By adjusting the legal definitions and penalties, the bill aims to facilitate better health outcomes and public safety by focusing on harm reduction strategies instead of punitive measures.

Summary

House Bill 753 aims to amend the Texas Controlled Substances Act by removing criminal penalties associated with the possession of drug paraphernalia. This bill reflects a shift towards a more lenient approach in addressing drug-related offenses, recognizing that individuals in possession of such items may require assistance rather than criminal prosecution. The modifications proposed by HB753 specifically target the provisions in Section 481.125 of the Health and Safety Code, repealing certain subsections that formerly classified possession of drug paraphernalia as a criminal offense.

Sentiment

The sentiment surrounding HB753 appears to be largely supportive among certain advocacy groups and individuals who emphasize a health-centered approach to drug use. Proponents argue that treating drug possession as a public health issue rather than a criminal one fosters a more compassionate societal perspective. However, there remains a level of contention among those who believe that removing penalties could enable drug use and potentially lead to increased substance abuse problems, particularly regarding youth and vulnerable populations.

Contention

Notable points of contention within the discussions surrounding HB753 include concerns about public safety and the potential implications for law enforcement. Critics of the bill may argue that the lack of penalties for drug paraphernalia could undermine efforts to combat drug-related issues in communities. Additionally, discussions around how this bill intersects with existing laws, particularly those involving emergency medical assistance during drug-related incidents, highlight the complexities involved in reforming drug laws while ensuring community safety.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 481. Texas Controlled Substances Act
  • Section: 125
  • Section: 115
  • Section: 118
  • Section: 116
  • Section: 1161
  • Section: 117
  • Section: 121

• Chapter 483. Dangerous Drugs
  • Section: New Section

• Chapter 485. Abusable Volatile Chemicals
  • Section: New Section