Texas Lawmakers Refile Bill to Legalize Fentanyl Test Strips

By Cashmir Khawaja

Reporting Texas

Austin Fire Police Department and Austin EMS help overdose victim into ambulance, on Tuesday, Dec 3. 2024. (Cashmir Khawaja/Reporting Texas TV)

Texas lawmakers are reintroducing a bill to decriminalize fentanyl test strips after similar efforts stalled last legislative session. These strips, which can detect the deadly opioid in drugs, are seen as a simple and effective tool to prevent overdose deaths. Despite broad support, the bill failed to make it past the Texas Senate last year. Lawmakers remain hopeful that renewed efforts will lead to a breakthrough.

 Representative James Talarico, D-Williamson County, has re-filed HB 253, the bill aimed at decriminalizing the test strips.

 “There are only five states that still outlaw these test strips, and Texas is one of them. So, we’ve got to change this so that we can start saving lives here in our state,” Talarico said.

 Despite bipartisan support for fentanyl test strip legalization, previous bills failed to pass through the Texas Senate. Governor. Greg Abbott voiced his support for decriminalization during the last session.

 “People will be able to test drugs at home to know whether or not it might be laced with fentanyl,” Abbott said, following a visit with University of Houston researchers who developed a fentanyl vaccine.

 Talarico, who authored the bill, emphasized the life-saving potential of fentanyl test strips.

 “This is a simple, low-cost way to save lives in the middle of this fentanyl crisis. It passed the Texas House last session by an overwhelming bipartisan majority—143 to 2. Governor Greg Abbott supported it. The reason it’s not law today is because Republicans in the Texas Senate blocked it,” Talarico said.

Talarico said he believes the bill’s success this session hinges on garnering support from Republican senators.

 “I’m hopeful that we have the support this time around in the state Senate to pass this bill. This is a bipartisan, broadly supported measure that can save lives in Texas,” Talarico said. “We’ve got to do everything we can to get this through the state House, through the state Senate, and passed by the governor.” 

Talarico also outlined his strategy to overcome this obstacle: “We’re going to try to organize Texans to reach out to their Republican state senators and demand that we pass this life-saving measure.”

 Despite the roadblocks in Texas, fentanyl test strips are available online, selling for about a dollar per strip. However, due to Texas’ current laws, the strips cannot be shipped to the state.

“We have an addiction crisis in this state and in this country,” he said. “It doesn’t make any sense. We could be saving lives with this simple measure if we just make the decision to legalize these test strips.”