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.
LowStandard timeline
Low Cost
Effective:2025-05-24
Enforcing Agencies
Texas Department of Public Safety • Local Law Enforcement Agencies • District Attorneys
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date:May 24, 2025 (Note: Due to 2/3 supermajority passage, this supersedes the standard September 1 date).
Compliance Deadline:May 15, 2025 (Policies regarding contraband and visitor screening must be updated prior to the law taking effect).
Agency Rulemaking: No specific rulemaking is mandated for the statute to take effect. However, expect the Department of Family and Protective Services (DFPS) to update "Reason to Believe" guidelines for mandatory reporting within 60-90 days post-enactment.
Immediate Action Plan
1.Immediate Policy Update: Revise employee handbooks to reflect the May 24 effective date and the specific criminal implications of Penalty Group 1-B.
2.Secure the Premises: Audit all visitor entry points and staff locker procedures. Enforce a "Zero Tolerance" policy for personal bags in patient/resident wings.
3.Audit Palliative Care Inventory: Conduct a 100% reconciliation of all medical-grade Fentanyl. Ensure all discrepancies are resolved before May 24.
4.Notify Counsel: Forward this analysis to your external liability counsel to prepare a protocol for immediate legal response in the event of an overdose on your property.
Operational Changes Required
Contracts
Employment Agreements: Update "Drug-Free Workplace" policies to explicitly cite Penalty Group 1-B (Fentanyl). Employees must acknowledge that possession on company property now carries a presumption of felony endangerment.
Vendor MSAs: Amend Master Service Agreements with third-party staffing (janitorial, nursing, cafeteria). Require indemnification specifically for criminal acts committed by their employees and mandate rigorous background checks for anyone accessing patient/resident areas.
Insurance Policies: Review General and Professional Liability policies immediately. Confirm whether "criminal acts" exclusions will void coverage for defense costs if a staff member is charged under this statute.
Hiring/Training
Incident Response Training: Train staff to treat any discovery of Fentanyl or an overdose event as a potential crime scene. Spoliation of evidence can now lead to obstruction charges or compound liability.
Visitor Screening: Front-line staff must be retrained on visitor intake. The "presence" of the substance triggers liability; therefore, contraband screening protocols for visitors must be tightened.
Reporting & Record-Keeping
Chain of Custody Forms: Implement strict chain-of-custody documentation for any substance found on premises. You must be able to prove a substance did not originate from your pharmacy inventory.
Medical Administration Logs: For facilities legally administering Fentanyl (palliative care), inventory logs must be impeccable. Any diversion event in a patient area can now be prosecuted as endangerment.
Fees & Costs
Legal Defense: While there are no new state fees, anticipate increased legal retainers. Defending against a "presumption" of guilt requires significant pre-trial resources.
Insurance Premiums: Expect potential premium hikes in PL/GL policies for care facilities upon renewal due to increased litigation risk.
Strategic Ambiguities & Considerations
"In the Presence Of": The statute does not define the physical radius constituting "presence." Until case law defines this, businesses must assume a conservative definition: if the substance is in the same facility and not secured in a pharmacy safe, it is "in the presence" of the residents.
"Accessibility": The law penalizes conduct where the substance is "accessible." It is unclear if a substance in a staff member's personal bag in a breakroom is considered "accessible" to a resident. Facilities should enforce a ban on personal bags in all care areas to mitigate this ambiguity.
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
As the opioid crisis continues to escalate, fentanyl has emerged as a particularly lethal and prevalent substance, creating significant risks to children exposed to environments where it is present. According to the Department of State Health Services, over 2,000 Texans died from fentanyl poisoning in 2023. The bill's author has informed the committee that there are instances of child endangerment offenses that cannot be prosecuted to the fullest extent because fentanyl is not referenced in the statute governing the offense. H.B. 166 seeks to ensure the safety and welfare of vulnerable Texans and accurately reflect the dangers posed by fentanyl by including fentanyl as a controlled substance for purposes of the offense of endangering a child, elderly individual, or disabled individual.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 166 amends the Penal Code to establish that, for purposes of the offense of endangering a child, elderly individual, or disabled individual, it is presumed that a person placed the child or individual in imminent danger of death, bodily injury, or physical or mental impairment if either of the following occur:
·the person manufactured, possessed, or in any way introduced into the body of any person a controlled substance in Penalty Group 1-B under the Texas Controlled Substances Act in the presence of the child or individual; or
·the person's conduct related to the proximity or accessibility of such a controlled substance to the child or individual and an analysis of a specimen of the child's or individual's bodily substance indicates the presence of such a controlled substance in the body of the child or the individual.
The bill applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB166 by Capriglione (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.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would expand the conduct constituting the state jail felony offense of endangering a child or elderly or disabled individual by including the manufacture, possession, or any introduction into the body of any person, of a controlled substance listed in Penalty Group 1-B in the presence of a child or elderly or disabled individual.
While it is assumed that any state revenue impact would not be significant, it would be dependent on the number of offenses committed and the associated court costs.
Local Government Impact
It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
LBB Staff:
JMc, MGol, DGI
Related Legislation
Explore more bills from this author and on related topics
HB166 amends the Texas Penal Code to establish a legal presumption of felony endangerment if Fentanyl (Penalty Group 1-B) is possessed, manufactured, or introduced in the presence of a child, elderly, or disabled individual. This legislation effectively shifts the evidentiary burden onto care providers, childcare facilities, and senior living communities to prove they did not endanger a vulnerable individual if Fentanyl is discovered on the premises. Implementation Timeline Effective Date: May 24, 2025 (Note: Due to 2/3 supermajority passage, this supersedes the standard September 1 date).
Q
Who authored HB166?
HB166 was authored by Texas Representative Giovanni Capriglione during the Regular Session.
Q
When was HB166 signed into law?
HB166 was signed into law by Governor Greg Abbott on May 24, 2025.
Q
Which agencies enforce HB166?
HB166 is enforced by Texas Department of Public Safety, Local Law Enforcement Agencies and District Attorneys.
Q
How urgent is compliance with HB166?
The compliance urgency for HB166 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB166?
The cost impact of HB166 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB166 address?
HB166 addresses topics including crimes, crimes--drugs, minors, minors--crimes against and minors--health & safety.
Legislative data provided by LegiScanLast updated: November 25, 2025
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