Relating to the use, possession, delivery, or manufacture of testing equipment that identifies the presence of a substance listed in Penalty Group 1-B or xylazine.
HB 1644 exempts individuals from certain drug law penalties when using, possessing, delivering, or manufacturing equipment that tests for fentanyl, its derivatives, or xylazine. It directly affects harm reduction organizations, first responders, and public health workers who use testing kits to identify these substances in communities. The bill adds a new exception (Section 481.125(j)) to Texas' Health and Safety Code, clarifying that testing equipment for these specific drugs is not subject to criminal penalties under existing law. The exemption applies only to equipment testing for fentanyl, alpha-methylfentanyl, or xylazine, and takes effect September 1, 2025.
Bill status
passed
3 of 5 stages cleared
Introduction
Mar 2025
Committee Review
Apr 2025
House Passage
Apr 2025
Senate Passage
Governor
Introduced Mar 12, 2025
Last action Apr 24, 2025
Maddy AI version diff · 1 comparison
What changed between versions
Introduced
→
Engrossed
·
1 edit
·
Apr 23, 2025
MINOR
This bill updates the legal definition of substances covered under testing equipment regulations to include any substance listed in Penalty Group 1-B in addition to fentanyl, alpha-methylfentanyl, derivatives, and xylazine. The change broadens the scope of substances that testing equipment can identify while maintaining the same exemptions for personal use and retroactive application rules.
Scope change
The bill expands the scope of substances covered from specific fentanyl-related compounds and xylazine to include any substance listed in Penalty Group 1-B, thereby broadening the regulatory coverage.
SCOPE
Replaced specific drug names (fentanyl, alpha-methylfentanyl, derivatives, xylazine) with a broader category including any substance listed in Penalty Group 1-B or xylazine.
Floor votes · House Apr 23, 2025
How they voted
145–0
Passed · 1 other
Total votes 146
Apr 23, 2025
D
Democratic60
100% Yea
R
Republican86
98% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
26
Key actions
7
Committee
7
Apr 24, 2025
Committee
Referred to Criminal Justice
upper
Apr 24, 2025
Introduced
Read first time
upper
Apr 23, 2025
Introduced
Received from the House
upper
Apr 23, 2025
Lower · Passed
Passed
lower
Apr 22, 2025
Lower · Passed
Passed to engrossment
lower
Apr 8, 2025
Lower · Passed
Committee report sent to Calendars
lower
Apr 8, 2025
Lower · Passed
Committee report distributed
lower
Mar 31, 2025
Lower · Passed
Reported favorably as substituted
lower
Mar 24, 2025
Lower · Passed
Left pending in committee
lower
Mar 24, 2025
Lower · Passed
Testimony taken/registration(s) recorded in committee
lower
Mar 12, 2025
Committee
Referred to Public Health
lower
Mar 12, 2025
Introduced
Read first time
lower
5 primary · 5 co-sponsors
Sponsors
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