Texas House Bill HB85

Texas 2023 - 88th Regular

• Filed: 11/14/22

Caption

Relating to the use, possession, delivery, or manufacture of testing equipment that identifies the presence of fentanyl, alpha-methylfentanyl, or any other derivative of fentanyl.

Impact

The passing of HB 85 is expected to have significant implications for state laws regarding substance control and public health efforts to combat the opioid crisis. By exempting specific testing equipment from the prohibitions in the Health and Safety Code, the bill facilitates increased access to these tools for individuals, health professionals, and law enforcement. This can potentially lead to improved safety measures and more effective interventions in drug-related emergencies, thereby bolstering community health initiatives throughout Texas. The law, effective September 1, 2023, further ensures that actions taken prior to the law's enactment remain governed by the prior legal framework.

Summary

House Bill 85, introduced by Representative Talerico, focuses on the regulation concerning the use, possession, delivery, and manufacture of testing equipment for identifying various derivatives of fentanyl, including alpha-methylfentanyl. The bill aims to clarify legal provisions surrounding the possession and use of these testing devices, thereby ensuring that individuals engaged in the testing process for fentanyl and its analogs are not subject to prosecution under existing drug laws. This initiative aligns with broader public health strategies to address the increasing threat posed by fentanyl-related substances.

Sentiment

The sentiment surrounding HB 85 appears to be largely supportive among various stakeholders, including public health advocates and law enforcement agencies, who see the value in equipping individuals and professionals with the necessary tools to test for hazardous substances. Proponents believe this will enhance community safety and offer solutions to rising drug-related deaths. However, there may be concerns raised about the potential misuse of testing equipment and the need for education regarding its appropriate use, reflecting a cautious optimism.

Contention

Notable points of contention might arise regarding the implications of widespread availability of fentanyl testing equipment. Critics of previous legislation surrounding drugs often raise concerns about the potential normalization of drug use and the societal impact of allowing testing devices to be more accessible. Legislative discussions may also touch upon the responsibilities that come with using such equipment, especially when integrated into public health strategies. Engagement from diverse perspectives, including addiction specialists and law enforcement, will likely emphasize the need for careful implementation to prevent unintended consequences.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 481. Texas Controlled Substances Act
  • Section: 125