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Bill

HB 288

Relating to creating the criminal offense of operating a premises for unlawful controlled substance consumption.

89th Legislature (2025) Introduced by Ben Bumgarner

Texas bill criminalizes operating spaces where controlled substances are unlawfully consumed, holding venue operators liable for drug activity on premises.

Referred directly to subcommittee by chair
#crimes--drugs(i0185)
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Bill Summary · HB 288

Legislative bill overview

HB 288 creates a new criminal offense in Texas for operating a premises where people consume controlled substances unlawfully. The bill would make it illegal to knowingly allow or facilitate drug consumption at a location, targeting property owners, managers, or operators who enable such activity on their premises.

Why is this important

This expands criminal liability beyond individual drug users to include those who control spaces where drug use occurs, potentially affecting landlords, business owners, and property managers. It represents a policy shift toward holding venue operators accountable for drug activity on their property, which could impact enforcement strategies and real estate liability.

Potential points of contention

  • Liability scope: Unclear whether property owners could face criminal charges for tenant or visitor drug use without their knowledge or active facilitation, creating potential overreach concerns
  • Enforcement discretion: Defining "knowingly allow" leaves room for subjective interpretation and disparate enforcement across jurisdictions and demographics
  • Intersection with harm reduction: May conflict with emerging public health approaches like supervised consumption sites that some jurisdictions are exploring as overdose prevention

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

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