AUSTIN, Texas — The vote of approval was overwhelming.
On Monday, the Texas House passed a bill that would decriminalize and allow for the manufacturing and distribution of fentanyl testing strips. Currently, the testing strips are classified as drug paraphernalia and possession is a Class C misdemeanor.
House Bill 362 is authored by Reps. Dr. Tom Oliverson, James Talarico, Donna Howard, Sheryl Col, and Terri Leo-Wilson.
A fentanyl testing strip is a form of drug testing technology that can detect the presence of fentanyl in other drug samples. They are low-cost, and health officials say the test strips could help prevent accidental overdoses or poisonings.
Among those in attendance to watch the results of the bill was a mother from New Braunfels whose son died from fentanyl. Lawmakers took a moment to welcome her.
"Libby Edwards Pender, mother of Joseph John Salem, is here in the gallery … If the test strips were lawfully available in our state, her son, John, would still be alive today and with us," said Rep. Oliverson. "Ma'am, we're sorry your loss and we are committed to passing this bill to make sure nobody else shares his fate. We thank you, and God bless you for being here today."
Moments after the House vote, Rep. Talarico provided KVUE with this statement:
"Texas is in the grips of a deadly fentanyl epidemic. Life-saving test strips cost $1 and can tell you if a pill is laced with fentanyl. But Texas won't let you buy them.
"We need every tool available to keep Texans safe. That's why I'm proud to be part of a bipartisan group of lawmakers who passed a bill today to legalize fentanyl strips. This bill will save lives."
On the local level, Travis County Judge Andy Brown has also pushed for the legalization of fentanyl testing strips. In May 2022, Judge Brown declared a public health emergency in Travis County in response to a spike in drug overdose deaths. Many of the deaths were attributed to fentanyl.
HB 362 now goes to the Senate.
If the Texas Senate equally approves of the legislation, it will be law and take effect this September.