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Signed Into Law
Signed June 20, 2025Effective 2025-06-20
HB3464

Regular Session

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.

Government Affairs & Regulatory Compliance Analysis

HB3464: Government Affairs Overview

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.

Rep. Terry Meza·House Bill·Regular Session

Critical
Low Cost
Effective:2025-06-20

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HB3464
Relating to increasing the criminal penalties for the offenses of providing or possessing with the intent to provide an alcoholic beverage, a controll...
Critical Urgency
Unanimous Passage
House Vote147 - 0
YEA
100% in favor147 voting
Senate Vote31 - 0
YEA
100% in favor31 voting
Cost Impact
Low
Effective
2025-06-20
Enforcing Agencies
Local District AttorneysLocal Law EnforcementTexas Department of Criminal Jus...
Primary Author: Rep. Terry Meza
89th Texas Legislature
jdkey.com
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.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 27, 2025
Passed House
May 6, 2025
Passed Senate
May 23, 2025
Signed
Jun 20, 2025
Effective
Jun 20, 2025
TopicsCorrectionsCorrections--jails & PrisonsCrimesCrimes--drugsCriminal ProcedureCriminal Procedure--sentencing & Punishment
03

House Authors

Rep. Terry MezaDemocrat · Primary Author
Joint Authors
Coauthors (2)

Senate Sponsors

Sen. Royce WestDemocrat · Primary Sponsor
Cosponsors (4)

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about HB3464

Q

What does Texas HB3464 do?

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.

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 Local District Attorneys, Local Law Enforcement and Texas Department of Criminal Justice.

Q

How significant are the changes in HB3464?

The regulatory priority for HB3464 is rated as "critical". Businesses and organizations should review the legislation to understand potential impacts.

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.

Q

What are the key dates for HB3464?

Key dates for HB3464: Effective date is 2025-06-20. Consult with legal counsel regarding applicability.

Q

What are the penalties under HB3464?

HB3464 establishes the following penalties: criminal penalty of 2nd Degree Felony (Enhanced from 3rd Degree) for Correctional facility employee providing or possessing with intent to provide alcohol, controlled substances, or dangerous drugs to a person in custody.; criminal penalty of 1st Degree Felony (15 to 99 years or Life) and fine up to $250,000 for Correctional facility employee providing a controlled substance/drug that causes the death of a person in custody.. Consult with legal counsel for specific applicability to your situation.

Need Strategic Guidance on This Legislation?

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.

Legislative data provided by LegiScanLast updated: January 11, 2026