Texas 2019 - 86th Regular

Texas House Bill HB1230 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R6357 TSR-D
2	2	By: Dominguez H.B. No. 1230
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the production and regulation of hemp.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Subtitle E, Title 5, Agriculture
10	10	Code, is amended to read as follows:
11	11	SUBTITLE E. PRODUCTION, PROCESSING, AND SALE OF FIBER PRODUCTS
12	12	SECTION 2. Subtitle E, Title 5, Agriculture Code, is
13	13	amended by adding Chapter 112 to read as follows:
14	14	CHAPTER 112. STATE HEMP PRODUCTION PLAN
15	15	Sec. 112.001. DEFINITION. In this chapter, "hemp" means
16	16	the plant Cannabis sativa L. and any part of that plant, including
17	17	the seeds of the plant and all derivatives, extracts, cannabinoids,
18	18	isomers, acids, salts, and salts of isomers, whether growing or
19	19	not, with a delta-9 tetrahydrocannabinol concentration of not more
20	20	than 0.3 percent on a dry weight basis.
21	21	Sec. 112.002. LEGISLATIVE INTENT. It is the intent of the
22	22	legislature that this state have primary regulatory authority over
23	23	the production of hemp in this state.
24	24	Sec. 112.003. DEPARTMENT RULES. (a) The department, after
25	25	consulting with the governor and attorney general, shall adopt
26	26	rules providing:
27	27	(1) a practice to maintain relevant information
28	28	regarding land on which hemp is produced in this state, including a
29	29	legal description of the land, for a period of at least three
30	30	calendar years;
31	31	(2) a procedure for testing, using
32	32	post-decarboxylation or another similarly reliable method, the
33	33	delta-9 tetrahydrocannabinol concentration of hemp produced in
34	34	this state;
35	35	(3) a procedure for the effective disposal of plants,
36	36	whether growing or not, that are produced in violation of Subtitle
37	37	G, Agricultural Marketing Act of 1946 (7 U.S.C. Chapter 38,
38	38	Subchapter VII), and products derived from those plants;
39	39	(4) a procedure to comply with the enforcement
40	40	procedures described by Section 297B(e), Agricultural Marketing
41	41	Act of 1946 (7 U.S.C. Section 1639p(e));
42	42	(5) a procedure for conducting annual inspections of,
43	43	at a minimum, a random sample of hemp producers to verify that hemp
44	44	is not produced in violation of Subtitle G, Agricultural Marketing
45	45	Act of 1946 (7 U.S.C. Chapter 38, Subchapter VII);
46	46	(6) a procedure for submitting the information
47	47	described in Section 297C(d)(2), Agricultural Marketing Act of 1946
48	48	(7 U.S.C. Section 1639q(d)(2)), as applicable, to the secretary of
49	49	the United States Department of Agriculture not later than the 30th
50	50	day after the date the information is received; and
51	51	(7) standards for certifying that this state has the
52	52	resources and personnel to carry out the practices and procedures
53	53	described by Subdivisions (1) through (6).
54	54	(b) The department shall attempt to adopt rules under
55	55	Subsection (a) that will, in substance, meet the requirements for
56	56	approval as a state plan under Section 297B, Agricultural Marketing
57	57	Act of 1946 (7 U.S.C. Section 1639p).
58	58	Sec. 112.004. SUBMISSION OF STATE PLAN. (a) The
59	59	department, after consulting with the governor and attorney
60	60	general, shall submit to the secretary of the United States
61	61	Department of Agriculture a state plan for monitoring and
62	62	regulating the production of hemp in this state as provided by
63	63	Section 297B, Agricultural Marketing Act of 1946 (7 U.S.C. Section
64	64	1639p).
65	65	(b) The plan shall include the rules adopted under Section
66	66	112.003 and any other required information.
67	67	(c) If a plan submitted by the department is disapproved by
68	68	the secretary of the United States Department of Agriculture, the
69	69	department, after consulting with the governor and attorney
70	70	general, shall amend the rules under Section 112.003 as needed to
71	71	obtain approval and submit an amended plan.
72	72	(d) The department shall, as necessary, seek technical
73	73	assistance from the secretary of the United States Department of
74	74	Agriculture in adopting rules under Section 112.003 and otherwise
75	75	developing the plan.
76	76	SECTION 3. Sections 481.002(5) and (26), Health and Safety
77	77	Code, are amended to read as follows:
78	78	(5) "Controlled substance" means a substance,
79	79	including a drug, an adulterant, and a dilutant, listed in
80	80	Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The
81	81	term includes the aggregate weight of any mixture, solution, or
82	82	other substance containing a controlled substance. The term does
83	83	not include hemp, as defined by Section 112.001, Agriculture Code,
84	84	or any tetrahydrocannabinols or other substances in hemp.
85	85	(26) "Marihuana" means the plant Cannabis sativa L.,
86	86	whether growing or not, the seeds of that plant, and every compound,
87	87	manufacture, salt, derivative, mixture, or preparation of that
88	88	plant or its seeds. The term does not include:
89	89	(A) the resin extracted from a part of the plant
90	90	or a compound, manufacture, salt, derivative, mixture, or
91	91	preparation of the resin;
92	92	(B) the mature stalks of the plant or fiber
93	93	produced from the stalks;
94	94	(C) oil or cake made from the seeds of the plant;
95	95	(D) a compound, manufacture, salt, derivative,
96	96	mixture, or preparation of the mature stalks, fiber, oil, or cake;
97	97	[or]
98	98	(E) the sterilized seeds of the plant that are
99	99	incapable of beginning germination; or
100	100	(F) hemp, as that term is defined by Section
101	101	112.001, Agriculture Code.
102	102	SECTION 4. (a) Not later than the 90th day after the
103	103	effective date of this Act, the Department of Agriculture shall
104	104	adopt rules under Section 112.003, Agriculture Code, as added by
105	105	this Act, and submit for approval a state plan to the secretary of
106	106	the United States Department of Agriculture as provided by Section
107	107	112.004, Agriculture Code, as added by this Act.
108	108	(b) The Department of Agriculture shall submit amended
109	109	state plans as provided by Section 112.004(c), Agriculture Code, as
110	110	added by this Act, as necessary until the plan is approved.
111	111	SECTION 5. The Department of Agriculture shall implement
112	112	the state plan approved by the secretary of the United States
113	113	Department of Agriculture not later than the 30th day after the date
114	114	on which the state plan is approved.
115	115	SECTION 6. This Act takes effect immediately if it receives
116	116	a vote of two-thirds of all the members elected to each house, as
117	117	provided by Section 39, Article III, Texas Constitution. If this
118	118	Act does not receive the vote necessary for immediate effect, this
119	119	Act takes effect September 1, 2019.