| 1 | 1 | | 84R5841 BEF-D |
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| 2 | 2 | | By: Farias H.B. No. 1322 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to industrial hemp; requiring an occupational license; |
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| 8 | 8 | | authorizing fees. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 61.001(1), Agriculture Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (1) "Agricultural seed" includes the seed of any |
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| 13 | 13 | | grass, forage, cereal, or fiber crop, any other kind of seed |
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| 14 | 14 | | commonly recognized in this state as agricultural or field seed, |
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| 15 | 15 | | and any mixture of those seeds. The term includes the seed of |
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| 16 | 16 | | industrial hemp, as that term is defined by Section 112.001. |
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| 17 | 17 | | SECTION 2. The heading to Subtitle E, Title 5, Agriculture |
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| 18 | 18 | | Code, is amended to read as follows: |
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| 19 | 19 | | SUBTITLE E. PRODUCTION, PROCESSING, AND SALE OF FIBER PRODUCTS |
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| 20 | 20 | | SECTION 3. Subtitle E, Title 5, Agriculture Code, is |
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| 21 | 21 | | amended by adding Chapter 112 to read as follows: |
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| 22 | 22 | | CHAPTER 112. PRODUCTION OF INDUSTRIAL HEMP |
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| 23 | 23 | | SUBCHAPTER A. GENERAL PROVISIONS |
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| 24 | 24 | | Sec. 112.001. DEFINITIONS. In this chapter: |
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| 25 | 25 | | (1) "Industrial hemp" means a plant or any part of a |
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| 26 | 26 | | plant, whether growing or not, of the genus Cannabis with a delta-9 |
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| 27 | 27 | | tetrahydrocannabinol concentration of not more than 0.3 percent on |
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| 28 | 28 | | a dry mass basis that is grown from certified seed. |
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| 29 | 29 | | (2) "License" means an industrial hemp producer's |
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| 30 | 30 | | license issued under this chapter. |
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| 31 | 31 | | SUBCHAPTER B. POWERS AND DUTIES OF DEPARTMENT |
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| 32 | 32 | | Sec. 112.051. RULES. The department shall adopt rules to |
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| 33 | 33 | | regulate industrial hemp production in this state, including |
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| 34 | 34 | | license application procedures. |
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| 35 | 35 | | Sec. 112.052. FEES. (a) The department shall prescribe |
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| 36 | 36 | | inspection fees and fees for the issuance of a license in amounts |
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| 37 | 37 | | necessary to cover the costs of administering this chapter. |
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| 38 | 38 | | (b) Fees collected under this chapter may be appropriated |
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| 39 | 39 | | only to the department for the purpose of administering this |
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| 40 | 40 | | chapter. |
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| 41 | 41 | | Sec. 112.053. INSPECTIONS. The department may inspect the |
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| 42 | 42 | | premises of a license holder and plants grown or cultivated by a |
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| 43 | 43 | | license holder to determine whether plants grown or cultivated by |
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| 44 | 44 | | the license holder are industrial hemp. |
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| 45 | 45 | | SUBCHAPTER C. INDUSTRIAL HEMP PRODUCER'S LICENSE |
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| 46 | 46 | | Sec. 112.101. LICENSE REQUIRED. A person may not grow or |
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| 47 | 47 | | cultivate industrial hemp in this state unless the person holds a |
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| 48 | 48 | | license. |
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| 49 | 49 | | Sec. 112.102. ISSUANCE OF LICENSE. An applicant for a |
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| 50 | 50 | | license must apply to the department and pay the required fee. |
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| 51 | 51 | | Sec. 112.103. LICENSE TERM. A license is valid for one |
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| 52 | 52 | | year. |
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| 53 | 53 | | SUBCHAPTER D. ENFORCEMENT |
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| 54 | 54 | | Sec. 112.151. REVOCATION. The department shall revoke a |
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| 55 | 55 | | license if the department finds that the license holder is growing |
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| 56 | 56 | | or cultivating marihuana. |
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| 57 | 57 | | Sec. 112.152. GROWTH OR CULTIVATION WITHOUT LICENSE. The |
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| 58 | 58 | | exception provided by Section 481.002(26)(F), Health and Safety |
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| 59 | 59 | | Code, does not apply to a person who grows or cultivates industrial |
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| 60 | 60 | | hemp without holding a license. |
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| 61 | 61 | | SECTION 4. Section 481.002(26), Health and Safety Code, is |
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| 62 | 62 | | amended to read as follows: |
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| 63 | 63 | | (26) "Marihuana" means the plant Cannabis sativa L., |
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| 64 | 64 | | whether growing or not, the seeds of that plant, and every compound, |
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| 65 | 65 | | manufacture, salt, derivative, mixture, or preparation of that |
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| 66 | 66 | | plant or its seeds. The term does not include: |
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| 67 | 67 | | (A) the resin extracted from a part of the plant |
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| 68 | 68 | | or a compound, manufacture, salt, derivative, mixture, or |
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| 69 | 69 | | preparation of the resin; |
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| 70 | 70 | | (B) the mature stalks of the plant or fiber |
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| 71 | 71 | | produced from the stalks; |
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| 72 | 72 | | (C) oil or cake made from the seeds of the plant; |
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| 73 | 73 | | (D) a compound, manufacture, salt, derivative, |
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| 74 | 74 | | mixture, or preparation of the mature stalks, fiber, oil, or cake; |
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| 75 | 75 | | [or] |
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| 76 | 76 | | (E) the sterilized seeds of the plant that are |
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| 77 | 77 | | incapable of beginning germination; or |
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| 78 | 78 | | (F) except as provided by Section 112.152, |
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| 79 | 79 | | Agriculture Code, industrial hemp, as that term is defined by |
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| 80 | 80 | | Section 112.001, Agriculture Code. |
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| 81 | 81 | | SECTION 5. Not later than January 1, 2016, the Department of |
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| 82 | 82 | | Agriculture shall adopt rules necessary to implement Chapter 112, |
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| 83 | 83 | | Agriculture Code, as added by this Act. |
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| 84 | 84 | | SECTION 6. This Act takes effect September 1, 2015. |
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