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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the consumable hemp products account in |
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the general revenue fund and imposing fees for licensing |
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manufacturers of consumable hemp products and registering certain |
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retailers of consumable hemp products. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 431.011, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) A penalty collected for a violation of this chapter |
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involving a consumable hemp product shall be deposited to the |
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credit of the consumable hemp products account established by |
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Section 443.005. |
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SECTION 2. Subchapter A, Chapter 443, Health and Safety |
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Code, is amended by adding Section 443.005 to read as follows: |
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Sec. 443.005. CONSUMABLE HEMP PRODUCTS ACCOUNT. (a) The |
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consumable hemp products account is an account in the general |
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revenue fund administered by the department. |
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(b) The account consists of: |
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(1) appropriations of money to the account by the |
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legislature; |
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(2) public or private gifts, grants, or donations, |
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including federal funds, received for the account; |
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(3) fees collected under this chapter; |
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(4) penalties for a violation of: |
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(A) this chapter; or |
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(B) Chapter 431, if the violation related to a |
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consumable hemp product; |
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(5) interest and income earned on the investment of |
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money in the account; and |
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(6) money from any other source deposited in the |
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account. |
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(c) The department may accept appropriations and gifts, |
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grants, or donations from any source to administer and enforce: |
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(1) this chapter; and |
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(2) provisions of Chapter 431 relating to a consumable |
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hemp product. |
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(d) Money received under Subsection (c) shall be deposited |
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in the account. |
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(e) Money in the account may be appropriated only to the |
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department for the administration and enforcement of: |
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(1) this chapter; and |
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(2) provisions of Chapter 431 relating to a consumable |
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hemp product. |
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SECTION 3. Subchapter C, Chapter 443, Health and Safety |
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Code, is amended by adding Section 443.1035 to read as follows: |
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Sec. 443.1035. LICENSING FEES. (a) An applicant for a |
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license under this subchapter shall pay an initial licensing fee to |
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the department in the amount of $10,000 for each location where the |
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applicant intends to process hemp or manufacture a consumable hemp |
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product. |
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(b) Before the department may renew a license as provided by |
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Section 443.104, a license holder shall pay a renewal fee to the |
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department in the amount of $10,000 for each location where the |
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applicant intends to process hemp or manufacture a consumable hemp |
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product. |
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SECTION 4. Section 443.2025(f), Health and Safety Code, is |
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amended to read as follows: |
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(f) The owner of a location at which consumable hemp |
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products containing cannabidiol are sold shall annually pay to the |
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department a registration fee in the amount of $20,000 for each |
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location owned by the person at which those products are sold [The |
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department by rule may adopt a registration fee schedule that |
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establishes reasonable fee amounts for the registration of: |
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[(1) a single location at which consumable hemp |
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products containing cannabidiol are sold; and |
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[(2) multiple locations at which consumable hemp |
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products containing cannabidiol are sold under a single |
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registration]. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |