H.B. No. 1496 amends the Health and Safety Code by adding a new subsection that clarifies the legal status of testing equipment used to identify fentanyl and its derivatives. Specifically, the bill states that the provisions of Section 481.125 do not apply to individuals who use, possess with the intent to use, deliver, possess with intent to deliver, or manufacture with intent to deliver testing equipment designed for detecting the presence of fentanyl, alpha-methylfentanyl, or any related controlled substance analogues. This insertion aims to ensure that individuals utilizing such testing equipment are not penalized under existing drug laws.

The bill stipulates that the changes will only apply to offenses committed on or after its effective date of September 1, 2025. Offenses that occurred prior to this date will continue to be governed by the law in effect at that time, ensuring that individuals are not retroactively prosecuted under the new provisions. This approach provides clarity and legal protection for those using testing equipment in relation to fentanyl detection.

Statutes affected:
Introduced: Health and Safety Code 481.125 (Health and Safety Code 481)