Relating to increasing the criminal penalties for the offenses of providing or possessing with the intent to provide an alcoholic beverage, a controlled substance, or a dangerous drug to a person in the custody of a correctional facility, taking an alcoholic beverage, a controlled substance, or a dangerous drug into a correctional facility, and taking a controlled substance or dangerous drug on property owned, used, or controlled by a correctional facility.
CriticalImmediate action required
Low Cost
Effective:2025-06-20
Enforcing Agencies
Texas Department of Criminal Justice • Local District Attorneys • Local Law Enforcement
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date:June 20, 2025 (Immediate effect due to 2/3 legislative vote).
Compliance Deadline:Immediate. Facilities must treat these penalties as active. Any contraband introduction occurring today carries these enhanced penalties.
Agency Rulemaking: No formal rulemaking is mandated by the bill, but the Texas Department of Criminal Justice (TDCJ) and Texas Commission on Jail Standards (TCJS) will likely update internal investigative standards for inmate overdoses to align with homicide protocols.
Immediate Action Plan
1.Issue a Memo: Send an urgent alert to all Facility Wardens and HR Directors regarding the immediate effective date (June 20, 2025).
2.Update Training: Revise contraband training modules this week to include the "15 to 99 years or Life" penalty warning.
3.Audit Vendors: Request written certification from staffing agencies that their personnel have been informed of HB3464.
4.Review Insurance: Consult with your carrier regarding coverage limits for wrongful death claims derived from criminal acts of employees.
5.Preserve Evidence: Instruct floor staff that all contraband seizures are now potential felony evidence and must be logged with strict chain-of-custody adherence.
Operational Changes Required
Contracts
Vendor MSAs: Review all Master Service Agreements with third-party providers (medical, food service, maintenance). You must mandate that vendors update their employee training to reflect these penalties. Strengthen indemnification clauses to cover legal costs arising from criminal investigations of vendor staff.
Employment Agreements: Update "Termination for Cause" clauses to specifically cite Texas Penal Code Section 38.11(g-1) and (g-2). While you cannot contract away criminal liability, you must document a "Zero Tolerance" policy to defend against negligent supervision claims.
Hiring/Training
Curriculum Update: Immediately revise annual contraband training. The curriculum must explicitly state: "Providing a controlled substance is now a 2nd Degree Felony. If an inmate dies, it is a 1st Degree Felony punishable by up to Life in Prison."
Acknowledgment Forms: Require all current staff with badged access to sign an updated policy acknowledgment recognizing these specific statutory penalties. Do not rely on previous general acknowledgments.
Reporting & Record-Keeping
Incident Response: Update protocols for inmate overdoses. Staff must be trained to treat any overdose as a potential homicide crime scene immediately to preserve evidence for the inevitable 1st Degree Felony investigation.
Investigation Firewalls: Legal counsel must oversee internal administrative reviews of inmate deaths to prevent employee statements from compromising the facility's position in parallel criminal investigations.
Fees & Costs
Insurance Premiums: Expect upward pressure on Professional Liability and General Liability premiums, as a criminal conviction for an employee serves as *prima facie* evidence of negligence in civil wrongful death suits.
Fines: The statute allows for fines up to $250,000 per offense against the individual actor.
Strategic Ambiguities & Considerations
Definition of "Employed By": The statute applies to actors "employed by the correctional facility." It is unclear if courts will extend this to independent contractors (1099 workers) or strictly W-2 employees. Guidance: Adopt a conservative interpretation and apply these compliance standards to *anyone* granted badged access to secure areas.
Causation of Death: The 1st Degree enhancement applies if the drug "causes the death." Inmates often have complex medical histories. Defense counsel will likely litigate whether the drug was the *sole* cause or a contributing factor. Guidance: Do not wait for case law; operate under the assumption that *any* drug introduction could result in a homicide charge.
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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.
Data from the Bureau of Justice Statistics found that between 2001 and 2018, inmate deaths due to drug overdose increased by 600 percent. The Texas Department of Criminal Justice correctional institutions division has long blamed visiting family and friends for the presence and distribution of drugs in correctional facilities, according to reporting by The Texas Observer and The Texas Tribune. However, The Texas Tribune also reports that the presence of drugs in correctional facilities persists, despite the implementation of harsher visitation restrictions and monitoring incoming mail, due to correctional officers serving as suppliers in inmate drug rings. For example, as recently as 2023, a San Antonio court indicted three correctional officers for smuggling narcotics into Texas prisons. The bill author has informed the committee that as inmate overdose rates increase, there is a clear need for a harsher deterrent to the distribution of narcotics to inmates in Texas correctional facilities. H.B. 3464 seeks to address this issue by enhancing the penalties faced by correctional officers who are found guilty of smuggling and selling narcotics in correctional facilities.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes 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. 3464 amends the Penal Code to enhance from a third degree felony to a second degree felony the penalty for providing a controlled substance to a person in the custody of a correctional facility if the actor is employed by the correctional facility, except for the provision of a controlled substance on the prescription of a practitioner. The bill further enhances the penalty for such conduct to a first degree felony punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine capped at $250,000, if the ingestion, inhalation, injection, or other administration of the controlled substance causes the death of a person in the custody of the facility.
H.B. 3464 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 Sam Harless, Chair, House Committee on Corrections
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB3464 by Meza (Relating to the offense of providing a controlled substance to a person in the custody of a correctional facility; increasing a criminal penalty.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would increase the penalty for the third degree felony offense of prohibited substances and items in a correctional or civil commitment facility to a second degree felony when the actor is employed by the correctional facility and provides a controlled substance in certain circumstances to a person in the custody of the correctional facility, or to a first degree felony with a minimum fifteen year sentence if the consumption of the controlled substance causes the death of a person in the custody of the facility.
The Office of Court Administration indicates that the fiscal impact to the court system is indeterminate. The Comptroller of Public Accounts notes that the offense is currently a felony and further felony increases would have no fiscal impact on state court cost revenue.
Local Government Impact
While it is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant, it would be dependent on the number of offenses committed under the specific circumstances as outlined in the bill.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
LBB Staff:
JMc, MGol, AMr, DGI
Related Legislation
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HB3464 immediately escalates criminal liability for correctional facility employees introducing contraband, elevating offenses from a third-degree felony to a second-degree felony, or a first-degree felony (15–99 years or life) if the substance causes an inmate's death. This legislation creates critical new liability exposure for private prison operators, county jails, and third-party vendors regarding staff supervision and wrongful death claims. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect due to 2/3 legislative vote).
Q
Who authored HB3464?
HB3464 was authored by Texas Representative Terry Meza during the Regular Session.
Q
When was HB3464 signed into law?
HB3464 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB3464?
HB3464 is enforced by Texas Department of Criminal Justice, Local District Attorneys and Local Law Enforcement.
Q
How urgent is compliance with HB3464?
The compliance urgency for HB3464 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB3464?
The cost impact of HB3464 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB3464 address?
HB3464 addresses topics including corrections, corrections--jails & prisons, crimes, crimes--drugs and criminal procedure.
Legislative data provided by LegiScanLast updated: November 25, 2025
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