AUSTIN (Nexstar) – Fentanyl overdose looms large on the docket heading into the Texas Legislature’s 89th regular session. One Texas lawmaker is advocating for the decriminalization of fentanyl test strips as part of the solution.

“I filed House Bill 1496, where the goal is to make sure that people can legally purchase testing kits to determine if there is fentanyl,” State Rep. Erin Zwiener, D – Driftwood, said. “If they have pills or other material where they have a question about it, they should be able to determine what’s in it.”

Current Texas law considers it a crime to have drug paraphernalia, with fentanyl test strips falling into the same category as bongs, pipes and rolling papers. The charge for possession constitutes a Class C misdemeanor punishable by a fine up to $500. Yet, Texas Health and Human Services reports that a large number of fentanyl-related overdoses are a result of counterfeit prescription drugs, affecting thousands of unsuspecting Texans. Zwiener said this law prevents Texans from taking the proper measures toward their safety.

“I think the big myth around fentanyl is this idea that most people are getting fentanyl through other illicit drugs. But that’s not always true,” Zwiener said. She added, “A lot of folks who end up in this situation thought they were taking pharmaceuticals that they got from a friend because they couldn’t get in to see a therapist and address their mental health issues through actual mental health care.”

Zwiener’s district in Hays County has been a hotspot for fentanyl losses. KXAN reported 67 fentanyl overdoses between 2022 and 2023, resulting in 14 deaths. Zwiener said she remains in contact with the families affected in search of a solution.

“These families who’ve lost their children, they are asking for tools to prevent this from happening to other families,” Zwiener said. “So they are asking for tools like fentanyl test kits so that they can make sure that their kids aren’t getting their hands on fentanyl in something that looks like it’s innocuous.”

Stefanie Roe is also taking part in the prevention effort.

Roe is the founder of Texas Against Fentanyl (TXAF) and the Tucker Project, a fentanyl education curriculum built for grades 6-12. Roe started advocating for fentanyl awareness after she lost her 19-year-old son to fentanyl poisoning in 2021. She’s since built TXAF to lobby for legislative changes addressing this epidemic.

“We have some past laws that we’re looking to change and tweak and improve, as well as looking at future laws,” Roe said. “So our future laws are going to be around testing and reporting on fentanyl.”

With Roe’s support, the Texas legislature passed Tucker’s Law in the 88th session, requiring Texas youth to receive research-based fentanyl awareness education in public schools. However, the Law was an unfunded mandate, leaving schools with the requirement to talk about fentanyl without the curriculum necessary to do so.

“We got Tucker’s law passed. It was an unfunded mandate, and it technically still is,” Roe said. “Other states are doing a much better job at releasing the dollars to help, so we just hope that Texas will get moving faster and get releasing the money to where it needs to go to help people stay alive.”

According to Roe, the Tucker Project would need about $5 million to roll out their curriculum in Texas. 

Additionally, Roe is working to develop more accurate overdose maps from hospitals across the state. This effort aims to identify what substances people are overdosing from to better understand the scope of the fentanyl crisis. 

“If we could have a COVID-like response to be tracking fentanyl, the deaths would skyrocket from where they are now,” Roe said. “And it’s happening much more often than what’s being reported.”

The Texas Department of State Health Services released an unfinished report concerning fentanyl poisoning trends. Out of the 5,093 drug-related deaths in 2023, 2,304 were related to fentanyl poisoning. This number appeared to drop in 2024, with 1,307 out of 3,289 drug-related deaths being attributed to fentanyl poisoning. The agency is still collecting data for 2024.

While the decline may have resulted from increased awareness, Roe suggests the discrepancy is more likely caused by inconsistent reporting. 

“Let’s start making sure we’re reporting the real numbers and then using the money that is there to find solutions and support,” Roe said.

Roe is currently in Washington D.C. spreading education and awareness about fentanyl testing, while backing bills like Zwiener’s to advance statewide efforts in preventing fentanyl-related deaths. 

“The important thing I want folks to know is that prevention has to be the number one place we invest and we do not have enough mental health care or substance abuse care for people in Texas, and particularly for our young people,” Zwiener said.