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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the sale, delivery, or purchase of a |
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consumable hemp product to or by a person younger than 21 years of |
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age, the entry onto the premises of a retailer of consumable hemp |
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products by a person younger than 21 years of age, and the |
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employment by a retailer of consumable hemp products of a person |
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younger than 21 years of age; creating criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 443.001, Health and Safety Code, is |
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amended by adding Subdivision (8-a) to read as follows: |
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(8-a) "Minor" means a person younger than 21 years of |
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age. |
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SECTION 2. Subchapter E, Chapter 443, Health and Safety |
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Code, is amended by adding Sections 443.208, 443.209, 443.210, |
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443.211, and 443.212 to read as follows: |
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Sec. 443.208. CRIMINAL OFFENSE OF PROHIBITED SALE OR |
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DELIVERY OF CONSUMABLE HEMP PRODUCTS TO PERSONS YOUNGER THAN 21 |
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YEARS OF AGE; PROOF OF AGE REQUIRED. (a) A person commits an |
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offense if the person, with criminal negligence, sells, gives, or |
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causes to be sold or given a consumable hemp product to a person |
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younger than 21 years of age. |
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(b) If an offense under this section occurs in connection |
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with a sale by an employee of a retail store in which consumable |
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hemp products are sold, the employee is criminally responsible and |
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subject to prosecution. |
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(c) An offense under this section is a Class A misdemeanor. |
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(d) It is a defense to prosecution under Subsection (a) that |
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the person to whom the consumable hemp product was sold or given |
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presented to the defendant apparently valid proof of |
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identification. |
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(e) A proof of identification satisfies the requirements of |
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Subsection (d) if it contains a physical description and photograph |
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consistent with the person's appearance, purports to establish the |
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person is 21 years of age or older, and was issued by a governmental |
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agency. The proof of identification may include a driver's license |
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issued by this state or another state, a passport, or an |
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identification card issued by a state or the federal government. |
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Sec. 443.209. PURCHASE OF CONSUMABLE HEMP PRODUCT BY MINOR. |
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(a) A minor commits an offense if the minor purchases a consumable |
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hemp product. A minor does not commit an offense if the minor |
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purchases a consumable hemp product under the immediate supervision |
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of a commissioned peace officer engaged in enforcing the provisions |
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of this chapter. |
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(b) An offense under this section is punishable as provided |
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by Section 443.211. |
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Sec. 443.210. ATTEMPT TO PURCHASE CONSUMABLE HEMP PRODUCT |
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BY MINOR. (a) A minor commits an offense if, with specific intent |
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to commit an offense under Section 443.209, the minor does an act |
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amounting to more than mere preparation that tends but fails to |
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effect the commission of the offense intended. |
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(b) An offense under this section is punishable as provided |
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by Section 443.211. |
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Sec. 443.211. PUNISHMENT FOR CONSUMABLE HEMP |
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PRODUCT-RELATED OFFENSE BY MINOR. (a) This section applies to an |
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offense under Section 443.209 or 443.210. |
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(b) Except as provided by Subsection (c), an offense to |
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which this section applies is a Class C misdemeanor. |
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(c) If it is shown at the trial of the defendant that the |
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defendant is a minor who is not a child and who has been previously |
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convicted at least twice of an offense to which this section |
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applies, the offense is punishable by: |
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(1) a fine of not less than $250 or more than $2,000; |
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(2) confinement in jail for a term not to exceed 180 |
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days; or |
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(3) both the fine and confinement. |
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(d) In addition to any fine: |
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(1) the court shall order a minor placed on deferred |
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disposition for or convicted of an offense to which this section |
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applies to perform community service for: |
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(A) not less than eight or more than 12 hours, if |
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the minor has not been previously convicted of an offense to which |
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this section applies; or |
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(B) not less than 20 or more than 40 hours, if the |
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minor has been previously convicted once of an offense to which this |
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section applies; and |
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(2) the court shall order the Department of Public |
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Safety to suspend the driver's license or permit of a minor |
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convicted of an offense to which this section applies or, if the |
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minor does not have a driver's license or permit, to deny the |
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issuance of a driver's license or permit for: |
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(A) 30 days, if the minor has not been previously |
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convicted of an offense to which this section applies; |
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(B) 60 days, if the minor has been previously |
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convicted once of an offense to which this section applies; or |
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(C) 180 days, if the minor has been previously |
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convicted twice or more of an offense to which this section applies. |
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(e) Community service ordered under this section must be |
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related to education about or prevention of misuse of drugs if |
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programs or services providing that education are available in the |
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community in which the court is located. If programs or services |
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providing that education are not available, the court may order |
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community service that it considers appropriate for rehabilitative |
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purposes. |
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(f) In this section: |
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(1) a prior adjudication under Title 3, Family Code, |
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that the minor engaged in conduct described by this section is |
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considered a conviction; and |
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(2) a prior order of deferred disposition for an |
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offense alleged under this section is considered a conviction. |
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(g) In this section, "child" has the meaning assigned by |
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Section 51.02, Family Code. |
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(h) A driver's license suspension under this section takes |
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effect on the 11th day after the date the minor is convicted. |
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(i) A defendant who is not a child and who has been |
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previously convicted at least twice of an offense to which this |
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section applies is not eligible to receive a deferred disposition |
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or deferred adjudication. |
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Sec. 443.212. AGE REQUIREMENTS. (a) Except as provided by |
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Subsection (b) or other law, a person younger than 21 years of age |
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may not be permitted to enter the premises of a retailer of |
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consumable hemp products. |
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(b) An owner or employee of a retailer of consumable hemp |
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products may not knowingly use or employ any person younger than 21 |
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years of age to work on the premises of the retailer in any |
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capacity. This subsection does not apply to a person who is at |
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least 18 years of age and who is employed by the person's parent or |
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legal guardian to work in the retailer that is owned by the parent |
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or legal guardian. |
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SECTION 3. This Act takes effect January 1, 2026. |