Amend CSSB 3 (senate committee report) as follows:
(1) In the recital to SECTION 10 of the bill, amending Section 443.2025, Health and Safety Code (page 3, line 17), strike "(f), and (g)" and substitute "and (f)".
(2) In SECTION 10 of the bill, strike amended Section 443.2025(g), Health and Safety Code (page 3, lines 42-47).
(3) Strike SECTION 18 of the bill (page 7, lines 16-18) and substitute the following:
SECTION 18. Not later than December 1, 2025, the executive commissioner of the Health and Human Services Commission shall adopt the rules required by Section 443.2026, Health and Safety Code, as added by this Act.
(4) In SECTION 19(b) of the bill (page 7, lines 29-30), strike "under Section 443.2025, Health and Safety Code, as amended" and substitute "a product under Section 443.2026, Health and Safety Code, as added".
(5) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter E, Chapter 443, Health and Safety Code, is amended by adding Section 443.2026 to read as follows:
Sec. 443.2026. CONSUMABLE HEMP PRODUCT REGISTRATION. (a) A consumable hemp product may not be offered for sale in this state unless the manufacturer of the product, before selling the product to a retailer:
(1) submits an application for the consumable hemp product to be registered with the department; and
(2) receives approval that the product is compliant with this chapter, registered, and approved for sale in this state.
(b) The department shall issue a unique product registration number to each consumable hemp product approved by the department.
(c) A manufacturer applying to register a consumable hemp product under this section shall pay an application fee to the department in the amount of $500 for each consumable hemp product.
(d) The department shall maintain an updated product registration list on the department's public Internet website, which must include front and back identifying pictures of each registered product.
(e) Each consumable hemp product, including the container and package, if applicable, must be labeled with:
(1) a QR code that links:
(A) to the department's product registration list under Subsection (d); and
(B) to the identifying picture of the product provided on registration of the product with the department under Subsection (d) for the purpose of confirming registration of the product and allowing verification of the product by law enforcement; and
(2) the following message placed adjacent to the required QR code on the label: "SCAN QR CODE BEFORE PURCHASE".
(f) The department may not approve for sale a consumable hemp product that:
(1) contains any artificial or synthetic cannabinoids; or
(2) contains or is mixed with any alcohol, tobacco, nicotine, kratom, kava, mushrooms, or a derivative of any of those items.
(g) A person commits an offense if the person distributes, delivers, sells, purchases, possesses, or uses a consumable hemp product that is not registered with the department as provided by this section.
(h) An offense under this section is a Class B misdemeanor.
(i) A person is presumed to know a consumable hemp product is prohibited under this chapter if the product is not listed on the department's Internet website as required by Subsection (d) or does not have a valid QR code under Subsection (e).
(j) The executive commissioner shall adopt rules to implement and administer this section.