Relating to creating the criminal offense of continuous manufacture or delivery of a controlled substance.
Summary
SB 1152 creates a new criminal offense called “continuous manufacture or delivery of a controlled substance.” Under the bill, a person commits this offense if, within a 12-month period or less, they engage two or more times in conduct that would already be an offense under existing Texas drug laws covering manufacture, delivery, possession with intent to deliver, or related controlled-substance offenses. The bill is aimed at repeated drug-trafficking conduct rather than a single isolated incident.
The bill also sets out how the offense is to be prosecuted and tried. If a jury hears the case, jurors do not have to agree on the exact act, date, or county for each underlying drug offense, so long as they unanimously agree that the defendant committed the prohibited conduct at least twice within the specified period. The bill limits multiple convictions based on the same conduct and bars charging more than one count for the same time period. A violation is classified as a third-degree felony.
Impact
SB 1152 amends Chapter 481 of the Health and Safety Code by adding Section 481.142, expanding Texas criminal law to reach repeated controlled-substance manufacture or delivery as a separate offense. It affects defendants accused of multiple drug transactions or repeated drug manufacturing activity within a year, and it gives prosecutors a new charge that aggregates conduct already prohibited under Sections 481.112, 481.1121, 481.113, and 481.114. The bill applies only prospectively to offenses committed on or after September 1, 2025.
Sentiment
The available voting history suggests the bill had strong support in the Senate, passing with 26 yeas and 5 nays on multiple procedural and final votes. The bill advanced to the House and was placed on the General State Calendar, indicating continued legislative movement. No committee transcript is available, so the record does not show detailed public debate, but the vote totals indicate broad agreement with some opposition.
Contention
The main policy issue is whether Texas should create an aggregated offense for repeated drug activity instead of relying only on separate underlying charges. Supporters likely view the bill as a tool to target ongoing drug trafficking and organized distribution patterns, while opponents may be concerned about expanding felony exposure, reducing the need for juror unanimity on specific acts, and giving prosecutors broader charging leverage. The unanimity rule and the prohibition on multiple counts for the same period are notable safeguards, but they also reflect the bill’s central tension between enforcement efficiency and defendant protections.