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Why deaths related to Austin's 'overdose outbreak' may not be ruled an overdose

Texas law will allow authorities to pursue murder charges if if they catch whoever sold the deadly batch of narcotics.

AUSTIN, Texas — While officials in Austin have called a recent scare an overdose outbreak, under Texas law, the deaths may not be ruled overdoses if they involved fentanyl.

Austin-Travis County EMS (ACTEMS) has seen nearly 80 overdoses since Monday linked to multiple drugs like Xanax, K2 and crack cocaine. However, medics believe the "deadly batch" of narcotics in Austin is laced with fentanyl.

RELATED: Austin overdose outbreak appears to slow down following 'deadly batch' of narcotics

Under House Bill 6, which became law in 2023, any death in Texas linked to fentanyl use must be labeled "fentanyl toxicity" or "fentanyl poisoning" on a death certificate.

Lawmakers and advocates said they made the change because the term "overdose" has a stigma, and most people who died after using fentanyl were unaware the drugs they were taking were laced with it.

HB6 also allows prosecutors to charge someone with murder who distributes fentanyl that leads to a death. On Wednesday, the Austin Police Department (APD) said they could explore murder charges if they find whoever sold this batch of drugs.

RELATED: Austin overdoses: Death toll could rise in 'largest opioid' outbreak seen in years

Meanwhile, concerns about the deadly batch of narcotics spreading beyond Austin caused Williamson County officials to issue a critical warning to residents.

On Thursday, officials said the lethal batch poses an imminent threat to public health and safety and that everyone should be aware of the dangers posed by fentanyl.

"We cannot overstate the urgency of this situation," Williamson County Sheriff Mike Gleason said. "The recent spike in fentanyl poisonings in Travis County serves as a stark reminder of the deadly nature of this substance."

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