89th Legislature Regular Session

SB 1986

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 1986 proposes amendments to the Texas Health and Safety Code aimed at addressing the ongoing opioid crisis by enhancing patient awareness through improved labeling. Specifically, the bill mandates that any prescription for an opioid drug must be dispensed in a container affixed with a standardized warning label. This label must inform patients of the drug’s addictive potential and the associated risks of respiratory depression and overdose. The required language must be substantially similar to: “CAUTION: Opioid. Risk of Addiction, Respiratory Depression, and Overdose.”

To implement this requirement, SB 1986 adds a new provision to Section 481.0761 of the Health and Safety Code directing the Texas State Board of Pharmacy to adopt corresponding rules by January 1, 2026. The rules will define the specifics of the label design, placement, and compliance standards. The bill also amends Section 481.074 to prohibit pharmacists from dispensing opioids unless the appropriate warning label is affixed, thereby making it a statutory responsibility within the dispensing process.

The bill includes a delayed implementation timeline. The new labeling requirement will apply only to opioid prescriptions dispensed on or after March 1, 2026, providing pharmacies and regulatory authorities time to prepare for compliance.
Author
Bob Hall
Co-Author
Sarah Eckhardt
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1986 is not expected to create a significant fiscal impact on the State of Texas. The bill requires the Texas State Board of Pharmacy to develop and implement rules mandating warning labels on opioid prescription drug containers. However, the LBB concludes that any administrative or operational costs arising from this rulemaking and implementation process can be absorbed using the agency’s existing resources.

Furthermore, the fiscal analysis extends to local governments, with the LBB determining that SB 1986 would not impose significant costs on municipalities, counties, or other local entities. Because the enforcement and operational changes primarily affect pharmacists and the state pharmacy board, not local government structures, no fiscal burden is anticipated at the local level.

In summary, SB 1986 presents a low-cost regulatory measure that aims to enhance public health awareness without requiring additional appropriations or structural funding changes. The lack of fiscal impact both at the state and local levels suggests that the bill is financially sustainable and administratively feasible under current resource frameworks.

Vote Recommendation Notes

SB 1986 proposes a narrowly tailored, responsible measure to help address Texas’s ongoing opioid crisis by improving consumer awareness through standardized labeling. The bill requires pharmacists to ensure that any dispensed opioid prescription container includes a clear warning label describing the drug’s addictive potential and risks of respiratory depression and overdose. The Texas State Board of Pharmacy (TSBP) is granted rulemaking authority to develop and implement the label standard, with enforcement beginning March 1, 2026.

The bill is grounded in a strong public health rationale. According to the bill analysis, while opioids remain a necessary treatment for certain pain-related conditions, their potential for abuse and misuse remains severe and well-documented. The author’s intent emphasizes a dual obligation: to provide legitimate pain relief and to ensure that patients are adequately warned of the risks. This approach aligns with growing public consensus and best practices that favor transparency and patient education in the dispensing of controlled substances.

From a fiscal and regulatory perspective, SB 1986 has minimal impact. The Legislative Budget Board notes that no significant costs are anticipated for either state or local government; any implementation expenses can be absorbed within existing resources at the Board of Pharmacy. The bill does not create new criminal penalties or expand government bureaucracy. Instead, it builds upon existing pharmacist responsibilities and leverages the TSBP’s authority to adopt practical rules. This reinforces principles of limited government and regulatory restraint, while serving a compelling interest in public safety and health education.

Overall, SB 1986 is a focused and proportionate policy solution that enhances individual responsibility and informed consent without imposing substantial regulatory burdens. It promotes a healthier public while maintaining fidelity to liberty-based governance. For these reasons, Texas Policy Research recommends that lawmakers vote YES on SB 1986.

  • Individual Liberty: The bill strengthens individual liberty by promoting transparency and informed consent in medical decision-making. By mandating a standardized warning label on opioid containers, the bill ensures that patients are made aware of the serious risks—addiction, respiratory depression, and overdose—associated with these drugs. This measure respects the individual's right to make fully informed healthcare choices and protects them from unknowingly entering into high-risk pharmaceutical treatments.
  • Personal Responsibility: The bill promotes personal responsibility by placing essential health risk information directly in the hands of patients at the point of dispensing. It empowers individuals to better manage their own health and medication use, and it supports responsible behavior through greater awareness. This approach complements the duty of healthcare professionals while reinforcing that patients also have a role in preventing misuse.
  • Free Enterprise: The bill imposes a modest compliance requirement on pharmacies and pharmaceutical distributors. However, it does not interfere with the ability of businesses to operate, compete, or innovate within the healthcare and pharmaceutical markets. There are no new taxes, licensing constraints, or operational restrictions. While it introduces a labeling requirement, this is a common form of consumer protection found in many regulated industries and does not significantly disrupt market forces.
  • Private Property Rights: There is no effect on property ownership or use. The bill does not involve land use, eminent domain, or regulation of private property in the conventional sense. It applies only to how prescription drugs are packaged and labeled when dispensed.
  • Limited Government: Though regulatory in nature, the bill remains narrowly focused and delegates rulemaking to an existing authority—the Texas State Board of Pharmacy—without creating new enforcement structures or agencies. The law does not extend beyond its stated public health objective and avoids unnecessary expansion of state power. By confining the intervention to a single, clearly defined area, the bill adheres to the principle that government should act only within necessary bounds to protect public welfare.
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