Regular Session
Government Affairs & Regulatory Compliance Analysis
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.
Rep. Giovanni Capriglione·House Bill·Regular Session
District Attorneys • Local Law Enforcement Agencies • Texas Department of Public Safety
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Key implementation requirements and action items for compliance with this legislation
JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.
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This bill's path through the Texas Legislature
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Common questions about HB166
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.
HB166 was authored by Texas Representative Giovanni Capriglione during the Regular Session.
HB166 was signed into law by Governor Greg Abbott on May 24, 2025.
HB166 is enforced by District Attorneys, Local Law Enforcement Agencies and Texas Department of Public Safety.
The regulatory priority for HB166 is rated as "low". Businesses and organizations should review the legislation to understand potential impacts.
The cost impact of HB166 is estimated as "low". This may vary based on industry and implementation requirements.
HB166 addresses topics including crimes, crimes--drugs, minors, minors--crimes against and minors--health & safety.
Key dates for HB166: Effective date is 2025-05-24. Consult with legal counsel regarding applicability.
HB166 establishes the following penalties: criminal penalty of State Jail Felony sentencing guidelines for Presumption of endangerment established if a person manufactures, possesses, or introduces Penalty Group 1-B substances (specifically Fentanyl) in the presence of a child, elderly, or disabled individual.; criminal penalty of State Jail Felony sentencing guidelines for Presumption of endangerment established if a child/elderly/disabled individual tests positive for Penalty Group 1-B substances due to proximity or accessibility.. Consult with legal counsel for specific applicability to your situation.
HB166 primarily affects healthcare providers and medical facilities. These businesses should review the legislation with their legal and compliance teams to understand potential impacts.
JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.
