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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on the sale, transfer, or delivery of |
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consumable hemp products; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 443, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 443. [MANUFACTURE, DISTRIBUTION, AND] SALE, TRANSFER, OR |
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DELIVERY OF CONSUMABLE HEMP PRODUCTS PROHIBITED |
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SECTION 2. Section 443.001(1), Health and Safety Code, is |
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amended to read as follows: |
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(1) "Consumable hemp product" means food, a drug, a |
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device, or a cosmetic, as those terms are defined by Section |
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431.002, that contains hemp or one or more hemp-derived |
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cannabinoids, including cannabidiol. The term does not include |
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low-THC cannabis regulated under Chapter 487. |
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SECTION 3. Subchapter A, Chapter 443, Health and Safety |
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Code, is amended by adding Section 443.0015 to read as follows: |
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Sec. 443.0015. OFFENSE: SALE, TRANSFER, OR DELIVERY OF |
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CONSUMABLE HEMP PRODUCTS. (a) A person commits an offense if the |
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person: |
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(1) sells, offers for sale, transfers, or delivers a |
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consumable hemp product; or |
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(2) provides a consumable hemp product by courier, |
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delivery, or mail service. |
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(b) An offense under this section is a Class B misdemeanor. |
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SECTION 4. Section 121.003(a), Agriculture Code, is amended |
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to read as follows: |
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(a) The department, after consulting with the governor and |
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attorney general, shall develop a state plan to monitor and |
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regulate the production of hemp in this state. The plan must comply |
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with: |
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(1) 7 U.S.C. Section 1639p; and |
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(2) Chapter 122[; and |
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[(3) Chapter 443, Health and Safety Code]. |
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SECTION 5. Section 122.001(3), Agriculture Code, is amended |
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to read as follows: |
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(3) "Handle" means to possess or store a hemp plant: |
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(A) on premises owned, operated, or controlled by |
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a license holder for any period of time; or |
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(B) in a vehicle for any period of time other than |
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during the actual transport of the plant from a premises owned, |
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operated, or controlled by a license holder to[: |
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[(i)] a premises owned, operated, or |
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controlled by another license holder[; or |
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[(ii) a person licensed under Chapter 443, |
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Health and Safety Code]. |
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SECTION 6. Section 122.101, Agriculture Code, is amended to |
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read as follows: |
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Sec. 122.101. LICENSE REQUIRED[; EXCEPTIONS]. A [(a) |
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Except as provided by Subsection (b), a] person or the person's |
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agent may not cultivate or handle hemp in this state or transport |
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hemp outside of this state unless the person holds a license under |
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this subchapter. |
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[(b) A person is not required to hold a license under this |
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subchapter to manufacture a consumable hemp product in accordance |
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with Subtitle A, Title 6, Health and Safety Code.] |
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SECTION 7. Section 122.301(b), Agriculture Code, is amended |
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to read as follows: |
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(b) A state agency may not authorize a person to manufacture |
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a product containing hemp for smoking[, as defined by Section |
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443.001, Health and Safety Code]. In this subsection, "smoking" |
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means burning or igniting a substance and inhaling the smoke or |
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heating a substance and inhaling the resulting vapor or aerosol. |
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SECTION 8. Section 411.110(a), Government Code, is amended |
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to read as follows: |
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(a) The Department of State Health Services and the Health |
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and Human Services Commission are entitled to obtain criminal |
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history record information as provided by Subsection (a-1) that |
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relates to a person who is: |
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(1) an applicant for a license or certificate under |
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Chapter 773, Health and Safety Code, an owner or manager of an |
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applicant for an emergency medical services provider license under |
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that chapter, or the holder of a license or certificate under that |
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chapter; |
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(2) an applicant for a license or a license holder |
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under Subchapter I, L, or N, Chapter 431, Health and Safety Code; |
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(3) an applicant for employment at or current employee |
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of: |
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(A) a public health hospital as defined by |
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Section 13.033, Health and Safety Code; or |
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(B) the South Texas Health Care System; |
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(4) an applicant for employment at, current employee |
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of, or person who contracts or may contract to provide goods or |
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services with the Council on Sex Offender Treatment or other |
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division or component of the Health and Human Services Commission |
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that monitors sexually violent predators as described by Section |
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841.003(a), Health and Safety Code; or |
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(5) authorized to access vital records or the vital |
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records electronic registration system under Chapter 191, Health |
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and Safety Code, including an employee of or contractor for the |
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Department of State Health Services, a local registrar, a medical |
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professional, or a funeral director[; or |
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[(6) an applicant for a license or a license holder |
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under Subchapter C, Chapter 443, Health and Safety Code]. |
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SECTION 9. Section 431.043, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 431.043. ACCESS TO RECORDS. A person who is required |
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to maintain records under this chapter or Section 519 or 520(g) of |
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the federal Act or a person who is in charge or custody of those |
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records shall, at the request of the department or a health |
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authority, permit the department or health authority at all |
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reasonable times access to and to copy and verify the records[, |
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including records that verify that the hemp in a consumable hemp |
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product was produced in accordance with Chapter 122, Agriculture |
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Code, or 7 U.S.C. Chapter 38, Subchapter VII]. |
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SECTION 10. Section 60.002, Occupations Code, is amended to |
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read as follows: |
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Sec. 60.002. REQUIREMENTS FOR DIGITAL LICENSES. (a) In |
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this section, "QR code" means a quick response machine-readable |
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code that can be read by a camera, consisting of an array of black |
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and white squares used for storing information or directing or |
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leading a user to additional information. |
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(b) A licensing authority that issues an occupational |
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license may issue a digital license to a license holder. If the |
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licensing authority issues a digital license, the digital license |
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must comply with the following requirements: |
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(1) the digital license must be in a secure format and |
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readily accessible by the license holder through an Internet |
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website and on a wireless communication device; |
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(2) the public must be able to view a license holder's |
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digital license through an Internet website or by using a QR code |
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[as defined by Section 443.001, Health and Safety Code]; and |
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(3) if the authority contracts with a vendor for the |
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issuance of a digital license, the digital license must be in a |
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format in which the vendor and authority can verify the validity of |
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the license. |
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SECTION 11. The following provisions of the Health and |
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Safety Code are repealed: |
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(1) Section 431.011; |
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(2) Section 431.2211(a-3); |
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(3) the heading to Subchapter A, Chapter 443; |
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(4) Sections 443.001(2), (3), (4), (6), (7), (8), (9), |
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(10), and (11); |
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(5) Sections 443.002, 443.003, and 443.004; and |
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(6) Subchapters B, C, D, and E, Chapter 443. |
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SECTION 12. This Act takes effect September 1, 2025. |