Relating to fentanyl prevention and drug poisoning awareness education for students enrolled in public institutions of higher education.
ModeratePlan for compliance
Low Cost
Effective:2025-06-20
Enforcing Agencies
Texas Higher Education Coordinating Board • Public Institutions of Higher Education (Internal Compliance)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: June 20, 2025
Compliance Deadline:Fall Semester 2026 (Instruction must be provided to students initially enrolling for this term).
Agency Rulemaking: The Texas Higher Education Coordinating Board (THECB) is not explicitly mandated to create complex rules, but institutions should monitor THECB for guidance on what constitutes "research-based" content prior to January 2026.
Immediate Action Plan
1.Immediate: Convene a task force (General Counsel, Student Affairs, Risk Management) to audit existing substance abuse curriculum against HB3062's specific "fentanyl" and "suicide prevention" requirements.
2.By Jan 2026: Decide on a delivery model (In-house development vs. Third-party vendor) and initiate procurement.
3.By May 2026: Finalize the "Local Resource Map" required by the statute, verifying contact details for all local mental health and overdose response entities.
4.By Aug 2026: Integrate the module into the Learning Management System (LMS) as a graduation or registration hold requirement to ensure 100% compliance.
Operational Changes Required
Contracts
EdTech & Content Vendors: Master Services Agreements (MSAs) with LMS providers or health content vendors must be amended to include specific indemnification clauses. If their content is found not to be "research-based" or factually accurate, the vendor must bear the liability.
Third-Party MOUs: If outsourcing instruction to local health agencies or non-profits (as permitted), execute Memorandums of Understanding (MOUs) that strictly define data sharing (FERPA compliance) and reporting intervals.
Hiring/Training
Student Onboarding: Mandatory modules must be inserted into Freshman Orientation (e.g., UNIV 101) or online pre-enrollment compliance checklists.
Staff Designation: Designate a specific role within Student Affairs or Risk Management to verify the curriculum is current; fentanyl statistics and local resource contacts change frequently and must be updated annually.
Reporting & Record-Keeping
Student Completion Audits: You must maintain digital records of which students completed the training. This data must be retrievable for liability defense.
Curriculum Vetting File: Create a permanent compliance file documenting the sources used to build the curriculum (e.g., CDC, NIH citations). This proves the "research-based" statutory requirement was met.
Fees & Costs
Budget Impact: Low direct costs. The Legislative Budget Board anticipates costs will be absorbed by existing resources.
Allocation: Budget for potential licensing fees for specialized health modules if internal development is not feasible.
Strategic Ambiguities & Considerations
"As Soon As Practicable": The statute requires instruction "as soon as practicable" during the first semester. This is legally vague. Guidance: Define this internally as "prior to the Official Census Date" (typically the 12th class day) to ensure maximum capture and defensibility.
"Research-Based": The law does not define the threshold for "research-based." Relying on anecdotal evidence or scare tactics is insufficient. Institutions must strictly utilize data from state (DSHS) or federal (CDC/SAMHSA) agencies to satisfy this requirement.
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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.
In 2023, the 88th Legislature passed Tucker's Law which required public schools to raise awareness among K-12 students on the dangers of fentanyl poisoning. Tucker Roe, the bill's namesake, died in 2021 after taking a fentanyl-laced pill thinking it was Percocet. According to the Centers for Disease Control and Prevention, there were an estimated 5,566 drug-related deaths in Texas between August 2022 and August 2023, and 45 percent of them involved fentanyl. The bill author has informed the committee that there are currently no state-required fentanyl poisoning awareness curriculum requirements for public institutions of higher education. H.B. 3062 seeks to address this issue by requiring each institution of higher education to provide to undergraduate students during the students' first semester or term a curriculum that includes information about suicide prevention, prevention of abuse and addiction to fentanyl, awareness of community resources, and substance use and abuse.
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. 3062 amends the Education Code to require each public institution of higher education to provide research-based instruction related to fentanyl prevention and drug poisoning awareness to entering undergraduate students as soon as practicable during the students' first semester or term at the institution. The bill sets out provisions that do the following with respect to the instruction:
·require the instruction to include:
osuicide prevention;
oprevention of the abuse of and addiction to fentanyl;
oawareness of local institution and community resources and any processes involved in accessing those resources; and
ohealth education that includes information about substance use and abuse, including young adult substance use and abuse; and
·authorize the instruction to be provided online and by the following entities or an employee or agent of such an entity:
oa public, private, or independent institution of higher education;
oa library;
oa community service organization;
oa religious organization;
oa local public health agency; or
oan organization employing mental health professionals.
H.B. 3062 applies beginning with undergraduate students who initially enroll in a public institution of higher education for the 2026 fall semester.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
Honorable Terry M. Wilson, Chair, House Committee on Higher Education
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB3062 by Guerra (Relating to fentanyl prevention and drug poisoning awareness education for students enrolled in public institutions of higher education.), As Introduced
No significant fiscal implication to the State is anticipated.
It is assumed that any costs associated with the bill could be absorbed using existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
710 Texas A&M University System Administrative and General Offices, 717 Texas Southern University, 719 Texas State Technical College System Administration, 720 The University of Texas System Administration, 758 Texas State University System, 768 Texas Tech University System Administration, 769 University of North Texas System Administration, 775 Texas Woman's University System, 781 Higher Education Coordinating Board, 783 University of Houston System Administration, 966 Howard College, 978 San Jacinto College
LBB Staff:
JMc, FV, LBO, GO
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Texas public higher education institutions must integrate mandatory, research-based fentanyl and drug poisoning education into onboarding workflows for all new undergraduates beginning the Fall 2026 semester. While the statutory mandate targets public institutions, private colleges must view this as a new legal "Standard of Care," creating significant negligence liability exposure if similar protocols are not voluntarily adopted. Implementation Timeline Effective Date: June 20, 2025 Compliance Deadline: Fall Semester 2026 (Instruction must be provided to students initially enrolling for this term).
Q
Who authored HB3062?
HB3062 was authored by Texas Representative Robert Guerra during the Regular Session.
Q
When was HB3062 signed into law?
HB3062 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB3062?
HB3062 is enforced by Texas Higher Education Coordinating Board and Public Institutions of Higher Education (Internal Compliance).
Q
How urgent is compliance with HB3062?
The compliance urgency for HB3062 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB3062?
The cost impact of HB3062 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB3062 address?
HB3062 addresses topics including alcoholism & drug abuse, crimes, crimes--drugs, education and education--higher.
Legislative data provided by LegiScanLast updated: November 25, 2025
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