Bill to legalize fentanyl test strips passes Texas House

AUSTIN (Nexstar) - Texas House lawmakers gave preliminary approval to legislation that legalizes the possession of test strips for fentanyl and xylazine. House Bill 1644 passed 145-0. The bill requires one more vote before it can move to the Senate for consideration.

Test strips allow people to determine if the drugs they are using contain fentanyl or xylazine. Texas Health and Human Services reports that a large number of fentanyl-related deaths are a result of people taking counterfeit prescription drugs.

"Most of the people in our state who have been and are still dying from fentanyl overdose are dying because they didn't know they were coming into contact with fentanyl," Rep. Tom Oliverson, R-Cypress, said as he laid out HB 1644 before the vote.

Current Texas law considers fentanyl test strips to be drug paraphernalia, putting them into the same category as bongs, pipes and rolling papers. The charge for possession constitutes a Class C misdemeanor punishable by a fine up to $500.

Similar legislation passed the Texas House in 2023, but failed to gain support in the Senate. Some opponents of the legislation have raised concerns that testing strips can encourage people to continue using drugs.

Oliverson said the bill is about saving lives.

"This does not mean that we want people to be able to use drugs to their heart's content safely. I want every person in Texas who's struggling with addiction to get the help that they need, but I can't fix that if they're dead," Oliverson said.

"It is a mine detector for a person trying to walk across a minefield, who is going to walk across the minefield anyway," Oliverson added, before the House unanimously passed the bill.