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HB 166

Relating to committing the criminal offense of endangering a child, elderly individual, or disabled individual by engaging in certain conduct involving a controlled substance listed in Penalty Group 1-B of the Texas Controlled Substances Act.

89th Legislature (2025) Introduced by Giovanni Capriglione and 1 co-sponsor

Texas law now criminalizes endangering children, elderly, or disabled individuals while possessing or using fentanyl and related Penalty Group 1-B substances, effective September 1, 2025.

Effective on 9/1/25
#aging(i0015) #crimes--drugs(i0185) #disabilities #personswith(i0380) #minors--crimesagainst(i0532) #minors--health&safety(i0533)
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Bill Summary · HB 166

Legislative bill overview

HB 166 creates a new criminal offense in Texas that specifically penalizes individuals who endanger children, elderly people, or disabled individuals while possessing or using controlled substances from Penalty Group 1-B (which includes fentanyl and similar synthetic opioids). The bill targets conduct involving these substances in the presence of vulnerable populations, establishing enhanced criminal liability for such scenarios.

Why is this important

This legislation addresses the fentanyl crisis by creating specific criminal consequences for endangering vulnerable populations during drug-related activity. The bill became effective September 1, 2025, and reflects growing concern about accidental overdose deaths and exposure risks to minors and dependent adults in households where dangerous synthetic opioids are present or used.

Potential points of contention

  • Definitional ambiguity: The bill's scope of what constitutes "endangering" conduct (mere possession vs. active use vs. storage conditions) may create prosecutorial discretion issues and inconsistent application across counties
  • Vulnerable population protections: Critics may argue the law inadequately addresses systemic issues like treatment access and addiction recovery, instead relying primarily on criminal penalties
  • Sentencing disparity concerns: Enhanced penalties for this specific offense could disproportionately impact low-income defendants and those with substance use disorders who cannot access adequate legal defense or treatment alternatives

Compiled from official sources — confirm details with the bill’s official record.

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