The bill, S.B. No. 2307, proposes the creation of a new criminal offense in Texas related to the operation of premises for unlawful controlled substance consumption. It introduces Section 481.142 to the Health and Safety Code, defining the offense as occurring when a person who owns, rents, leases, manages, or controls a premises knowingly allows individuals to use controlled substances in violation of the law. The bill outlines specific actions that constitute the offense, including operating the premises for such purposes, profiting from the operation, or making the premises available for use, regardless of whether compensation is received. Violations of this section are classified as a felony of the second degree.

Additionally, the bill clarifies that the new offense does not apply to premises where controlled substances are consumed in accordance with a valid prescription, such as facilities for medication-assisted treatment for opioid or substance use disorders. It also allows for prosecution under this section in conjunction with other applicable laws if the conduct constitutes an offense under multiple statutes. The act is set to take effect on September 1, 2025.

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