SB1833

Regular Session

Relating to the use of a social media platform in furtherance of an offense involving the delivery of a controlled substance; increasing criminal penalties.

LowStandard timeline

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas District and County Attorneys • Texas Department of Public Safety • Local Law Enforcement Agencies

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025 (Law enforcement will begin seeking enhancement evidence for offenses occurring on or after this date).
Agency Rulemaking: None. This is a statutory Penal Code amendment; interpretation will occur through judicial case law rather than agency rulemaking.

Immediate Action Plan

Audit Definition: Legal counsel must determine if your specific digital product meets the definition of "Social Media Platform" under Bus. & Comm. Code Sec. 120.001 immediately.
Update AUPs: Revise employee handbooks to specifically address illegal commerce on company devices by August 1, 2025.
Review Data Retention: Ensure your data retention policy allows for the immediate "locking" of specific user data upon receipt of a preservation letter.
Brief Trust & Safety: Prepare your moderation teams for an uptick in law enforcement requests specifically targeting communication logs starting Q4 2025.

Operational Changes Required

Contracts

Terms of Service (ToS): Platforms must review "Prohibited Activities" clauses. Explicitly ban "facilitation of controlled substance transactions." This contractual breach provides the necessary grounds for immediate account termination and cooperation with law enforcement.
Employee Handbooks: Employers must update Acceptable Use Policies (AUP). Explicitly state that using company hardware or credentials to communicate regarding controlled substances is grounds for immediate termination. This clause is essential to shield the company from negligent supervision claims.

Hiring/Training

Trust & Safety Teams: Train staff to recognize drug-related keywords and slang. Law enforcement requests will shift from general evidence gathering to specifically seeking proof of "platform use" to secure sentencing enhancements.
HR & IT Security: Train staff on "Legal Hold" protocols. If an employee is suspected of drug activity, IT must not wipe devices until Legal confirms no preservation order is pending.

Reporting & Record-Keeping

Chain of Custody: Enhance logging for data exports. Because platform data is now the trigger for a higher felony degree, the authenticity of your records will be aggressively challenged by defense counsel.
Law Enforcement Portals: Update your Law Enforcement Response Guides to anticipate requests for geo-location metadata and connection logs specifically linking user profiles to physical transaction locations.

Fees & Costs

Legal Compliance: Anticipate increased legal spend regarding subpoena response and motion to quash hearings for overbroad warrants.
Insurance: Review Cyber Liability and Errors & Omissions (E&O) policies to ensure coverage includes costs for responding to third-party government investigations.

Strategic Ambiguities & Considerations

"In Furtherance of the Offense": The statute does not define the threshold for "furtherance." It is unclear if a vague lifestyle post constitutes "furtherance" or if a direct transactional message is required. Expect overbroad warrants seeking "any and all data" as prosecutors test the limits of this definition.
"Social Media Platform" Scope: The definition relies on Bus. & Comm. Code Sec. 120.001. Hybrid platforms (e.g., gaming chat logs, dating app messaging, collaborative workspace tools) exist in a gray area. Until case law settles, assume any platform allowing public profiles and user-to-user communication is in scope.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCrimes Crimes--drugs Electronic Information Systems Minors Minors--health & Safety Internet

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 1833
89R9582 CJD-D	By: Parker
	Criminal Justice
	4/25/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The misuse of social media platforms has become a growing concern in the facilitation of illegal activities, including the distribution of controlled substances. Criminal enterprises increasingly leverage social media's accessibility, anonymity, and broad reach to market and deliver dangerous drugs to vulnerable populations, including minors. This evolving threat poses significant challenges to law enforcement and amplifies the risks associated with illegal drug use.

S.B. 1833 seeks to address this issue by enhancing penalties for individuals who use social media platforms in furtherance of controlled substance offenses. By increasing the punishment to the next higher category of offense and imposing additional penalties for first-degree felonies, this legislation aims to deter the use of digital tools for drug trafficking and strengthen the state's ability to combat this modern criminal tactic. The bill underscores Texas's commitment to protecting its communities by adapting existing laws to address emerging methods of criminal activity.

As proposed, S.B. 1833 amends current law relating to the use of a social media platform in furtherance of an offense involving the delivery of a controlled substance and increases criminal penalties.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter D, Chapter 481, Health and Safety Code, by adding Section 481.142, as follows:

Sec. 481.142. USE OF SOCIAL MEDIA PLATFORM FOR DELIVERY OF CONTROLLED SUBSTANCE. (a) Defines "social media platform."

(b) Provides that if it is shown on the trial of an offense under certain sections of the Health and Safety Code, involving the delivery of a controlled substance that the defendant used a social media platform in furtherance of the offense, the punishment for the offense is increased to the punishment prescribed by the next higher category of offense, except that the punishment for a felony of the first degree is increased by five years and the maximum fine for the offense is doubled.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2025.

Senate Authors

Sen. Tan ParkerRepublican · Primary Author

House Sponsors

Rep. Rafael AnchiaDemocrat · Primary Sponsor

Joint Sponsors

Bill Text(with markup)

S.B. No. 1833

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the use of a social media platform in furtherance of an
	offense involving the delivery of a controlled substance;
	increasing criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter D, Chapter 481, Health and Safety
	Code, is amended by adding Section 481.142 to read as follows:
	Sec. 481.142. USE OF SOCIAL MEDIA PLATFORM FOR DELIVERY OF
	CONTROLLED SUBSTANCE. (a) "Social media platform" has the meaning
	assigned by Section 120.001, Business & Commerce Code.
	(b) If it is shown on the trial of an offense under Section
	481.112, 481.1121, 481.1123, 481.113, 481.114, 481.119, 481.120,
	or 481.122, involving the delivery of a controlled substance that
	the defendant used a social media platform in furtherance of the
	offense, the punishment for the offense is increased to the
	punishment prescribed by the next higher category of offense,
	except that the punishment for a felony of the first degree is
	increased by five years and the maximum fine for the offense is
	doubled.
	SECTION 2. The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect at the time the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 28, 2025

TO:	Honorable Pete Flores, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB1833 by Parker (Relating to the use of a social media platform in furtherance of an offense involving the delivery of a controlled substance; increasing criminal penalties.), As Introduced

Increasing the penalty for existing offenses may result in an increase in demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to a lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to increased criminal penalties.

The bill would increase the criminal penalty for certain offenses related to the manufacture or delivery of substances in certain penalty groups or marihuana if it is shown at trial that the defendant used a social media platform in furtherance of the offense. The penalty would be increased to the punishment prescribed by the next higher category of offense, except that the punishment for a felony of the first degree would be increased by five years and the maximum fine for the first-degree offense would be doubled.

The Office of Court Administration and the Comptroller of Public Accounts indicate that the fiscal impact is indeterminate without data to project the volume of prosecutions that might occur for the increased penalties.

Local Government Impact

While the fiscal impact cannot be determined, increasing the penalty for existing offenses may result in increased demands upon local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts

LBB Staff:

JMc, MGol, AMr, QH

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Frequently Asked Questions

Common questions about SB1833

What does Texas SB1833 do?

SB 1833 mandates enhanced criminal penalties for controlled substance offenses when a "social media platform" is utilized to facilitate the crime. While the criminal liability falls on the individual offender, this legislation will drive a significant increase in subpoenas and preservation orders for technology companies and employers to prove the "social media" element of the offense. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Law enforcement will begin seeking enhancement evidence for offenses occurring on or after this date).

Who authored SB1833?

SB1833 was authored by Texas Senator Tan Parker during the Regular Session.

When was SB1833 signed into law?

SB1833 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB1833?

SB1833 is enforced by Texas District and County Attorneys, Texas Department of Public Safety and Local Law Enforcement Agencies.

How urgent is compliance with SB1833?

The compliance urgency for SB1833 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB1833?

The cost impact of SB1833 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB1833 address?

SB1833 addresses topics including crimes, crimes--drugs, electronic information systems, minors and minors--health & safety.

Legislative data provided by LegiScanLast updated: November 25, 2025

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