Abbott signs bills to increase fentanyl education, prosecute fentanyl-related deaths as murder

Surrounded by families that have lost loved ones, Gov. Abbott signed four pieces of fentanyl-related legislation into law on Wednesday.

"You ensured that there would be a purpose for the lives of everybody affected by this and that you all would be involved in transforming the state of Texas, making Texas better so that we can prevent more loss of life in the future," said Gov. Abbott, to the families in attendance.

One bill, HB 3908, requires fentanyl education and awareness be provided to students in grades 6 through 12. It was named for Tucker Roe, who died at 19 from taking a fentanyl-laced Xanax.

"If I had the knowledge and wisdom I do now, I would have educated my son about this potent, highly addictive, lethal poison, but I didn’t, and neither did he," said Stephanie Turner, Tucker’s mother. "And that's the story with so many of our angel families. We didn't know, and that lack of knowledge is what I blame for taking his life."

For Kimberly and Adam Crump, of Coupland, Texas, signing day was especially bittersweet.

"It's our son's first angel birthday," said Kimberly Crump. "He passed away exactly a year ago today."

Hunter Paul Crump died on June 14, 2022, after taking what he thought was a Percocet.

"It wasn't even ‘one pill kill,' it was, 'half a pill' kills," said Adam Crump. 

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Hunter had just turned 18 and had graduated from Taylor High School weeks before. He had plans to work for his father that summer to earn money before heading to college with dreams of becoming a therapist.

"(We’re hopeful) that we're going to save lives, that other parents won't have to go through the same heartbreak and heartache that we've had to endure losing our only son," said Adam Crump. "I hope we can save somebody."

Hunter Paul Crump died on June 14, 2022, after taking what he thought was a Percocet.

HB 6, signed into law on Wednesday, has been a source of controversy for those who work in the harm reduction community. If someone distributes or manufactures fentanyl that results in death, that person could be prosecuted for murder.

"We've been saying from the beginning, stop doubling down on punishment and actually start trying to prevent overdose deaths from even happening in the first place by investing in public health tools," said Paulette Soltani, director of organizing for the Texas Harm Reduction Alliance. "Imagine if someone is at a party and a young person gives or sells something to somebody else, knowingly or unknowingly, and the person passes away from that…people are already afraid of calling 911. They're going to be more afraid of calling 911 when there's an overdose happening. And so that will inevitably lead to more deaths."

Regarding the concerns surrounding HB 6, Gov. Abbott noted that legislators grapple with these "kinds of issues" when they craft a law, and they believe this is the best "pathway forward" to achieve the goal of reducing fentanyl-related deaths, noting the structure could always be modified.

At THRA, the hope is that state leaders will choose to make different investments going forward.

"Whether it's fentanyl testing strips or syringe service programs, there's just such an absence of these things. In Texas, people don't have enough access to methadone. They don't have access to quality treatment programs," said Soltani. "Truly, if our governor was delivering justice today and prioritizing the lives of Texans as he says he is doing, we would have seen some investment in the public health interventions that are supported across the country, are backed by science, are backed by evidence, and we didn't see any of those being signed today."

Legislation to legalize fentanyl testing strips died during the regular session. Gov. Abbott, who has expressed support for testing strips after a previous opposition, was asked about possibly addressing the issue during a special session.

"I expressed a change in position on this issue because I want to make sure that we're using every tool that we can to save lives," he said. "As it concerns future special sessions, just know this, there will be no future special sessions unless and until the Texas Senate and Texas House get together and come up with an agreement about how we are going to implement $17.6 billion in cutting property taxes on Texans and what they have to pay every year."

SB 867 and HB 3144 were also signed on Wednesday. 

SB 867 formally allows the Health and Human Services Commission to partner with Texas colleges and universities to provide Narcan on campuses. HB 3144 designates October as Fentanyl Poisoning Awareness Month.