In Texas, when illicit drug poisoning results in death, several state statutes and federal laws may apply, particularly concerning drug-induced deaths, failure to render aid, tampering with evidence, and Good Samaritan protections.

Texas State Laws:

1. Manufacture or Delivery of Controlled Substance Causing Death or Serious Bodily Injury:
   
   • Texas Health and Safety Code § 481.141: This statute enhances the penalty for manufacturing or delivering a controlled substance if it is proven beyond a reasonable doubt that the substance caused death or serious bodily injury when used by the recipient. The punishment is increased by one degree, elevating the severity of the offense.
     

1. Criminal Homicide:
   
   • Texas Penal Code § 19.01: A person commits criminal homicide if they intentionally, knowingly, recklessly, or with criminal negligence cause the death of an individual. This includes murder, capital murder, manslaughter, or criminally negligent homicide.
     

1. Failure to Render Aid or Call 911:
   
   • Texas does not have a specific statute criminalizing the failure to render aid or call 911 in the event of a drug poisoning. However, seeking medical assistance promptly is crucial for the victim's safety and may influence legal outcomes.

1. Tampering with Evidence:
   
   • Texas Penal Code § 37.09: This statute makes it an offense to knowingly alter, destroy, or conceal any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in any subsequent investigation or official proceeding. Tampering with evidence is considered a serious offense and can lead to felony charges.

1. Good Samaritan Law:
   
   • As of 2021, Texas enacted a Good Samaritan law aimed at encouraging individuals to seek emergency medical assistance for drug overdoses without fear of prosecution. However, critics argue that the law may not provide comprehensive protections, potentially limiting its effectiveness in reducing overdose deaths.
     

Federal Laws:

1. Distribution of Controlled Substances Resulting in Death:
   
   • 21 U.S.C. § 841(b)(1)(C): Under federal law, distributing controlled substances that result in death or serious bodily injury carries enhanced penalties, including a mandatory minimum sentence of 20 years to life imprisonment.

1. Obstruction of Justice:
   
   • 18 U.S.C. § 1512: This statute addresses tampering with a witness, victim, or informant, including actions that obstruct, influence, or impede any official proceeding. Tampering with evidence at the scene of a drug poisoning death can lead to federal obstruction charges.

Important Considerations:

• Good Samaritan Limitations: While Texas has implemented a Good Samaritan law to encourage reporting of drug overdoses, its scope and protections may be limited. It's essential to understand the specific provisions and limitations of this law.
  
  
• Prompt Action: Acting promptly and responsibly during instances of drug poisoning by seeking immediate medical assistance is crucial. This not only helps save lives but also ensures compliance with legal obligations.