86R6357 TSR-D
By: Dominguez H.B. No. 1230
A BILL TO BE ENTITLED
AN ACT
relating to the production and regulation of hemp.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle E, Title 5, Agriculture
Code, is amended to read as follows:
SUBTITLE E. PRODUCTION, PROCESSING, AND SALE OF FIBER PRODUCTS
SECTION 2. Subtitle E, Title 5, Agriculture Code, is
amended by adding Chapter 112 to read as follows:
CHAPTER 112. STATE HEMP PRODUCTION PLAN
Sec. 112.001. DEFINITION. In this chapter, "hemp" means
the plant Cannabis sativa L. and any part of that plant, including
the seeds of the plant and all derivatives, extracts, cannabinoids,
isomers, acids, salts, and salts of isomers, whether growing or
not, with a delta-9 tetrahydrocannabinol concentration of not more
than 0.3 percent on a dry weight basis.
Sec. 112.002. LEGISLATIVE INTENT. It is the intent of the
legislature that this state have primary regulatory authority over
the production of hemp in this state.
Sec. 112.003. DEPARTMENT RULES. (a) The department, after
consulting with the governor and attorney general, shall adopt
rules providing:
(1) a practice to maintain relevant information
regarding land on which hemp is produced in this state, including a
legal description of the land, for a period of at least three
calendar years;
(2) a procedure for testing, using
post-decarboxylation or another similarly reliable method, the
delta-9 tetrahydrocannabinol concentration of hemp produced in
this state;
(3) a procedure for the effective disposal of plants,
whether growing or not, that are produced in violation of Subtitle
G, Agricultural Marketing Act of 1946 (7 U.S.C. Chapter 38,
Subchapter VII), and products derived from those plants;
(4) a procedure to comply with the enforcement
procedures described by Section 297B(e), Agricultural Marketing
Act of 1946 (7 U.S.C. Section 1639p(e));
(5) a procedure for conducting annual inspections of,
at a minimum, a random sample of hemp producers to verify that hemp
is not produced in violation of Subtitle G, Agricultural Marketing
Act of 1946 (7 U.S.C. Chapter 38, Subchapter VII);
(6) a procedure for submitting the information
described in Section 297C(d)(2), Agricultural Marketing Act of 1946
(7 U.S.C. Section 1639q(d)(2)), as applicable, to the secretary of
the United States Department of Agriculture not later than the 30th
day after the date the information is received; and
(7) standards for certifying that this state has the
resources and personnel to carry out the practices and procedures
described by Subdivisions (1) through (6).
(b) The department shall attempt to adopt rules under
Subsection (a) that will, in substance, meet the requirements for
approval as a state plan under Section 297B, Agricultural Marketing
Act of 1946 (7 U.S.C. Section 1639p).
Sec. 112.004. SUBMISSION OF STATE PLAN. (a) The
department, after consulting with the governor and attorney
general, shall submit to the secretary of the United States
Department of Agriculture a state plan for monitoring and
regulating the production of hemp in this state as provided by
Section 297B, Agricultural Marketing Act of 1946 (7 U.S.C. Section
1639p).
(b) The plan shall include the rules adopted under Section
112.003 and any other required information.
(c) If a plan submitted by the department is disapproved by
the secretary of the United States Department of Agriculture, the
department, after consulting with the governor and attorney
general, shall amend the rules under Section 112.003 as needed to
obtain approval and submit an amended plan.
(d) The department shall, as necessary, seek technical
assistance from the secretary of the United States Department of
Agriculture in adopting rules under Section 112.003 and otherwise
developing the plan.
SECTION 3. Sections 481.002(5) and (26), Health and Safety
Code, are amended to read as follows:
(5) "Controlled substance" means a substance,
including a drug, an adulterant, and a dilutant, listed in
Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The
term includes the aggregate weight of any mixture, solution, or
other substance containing a controlled substance. The term does
not include hemp, as defined by Section 112.001, Agriculture Code,
or any tetrahydrocannabinols or other substances in hemp.
(26) "Marihuana" means the plant Cannabis sativa L.,
whether growing or not, the seeds of that plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of that
plant or its seeds. The term does not include:
(A) the resin extracted from a part of the plant
or a compound, manufacture, salt, derivative, mixture, or
preparation of the resin;
(B) the mature stalks of the plant or fiber
produced from the stalks;
(C) oil or cake made from the seeds of the plant;
(D) a compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks, fiber, oil, or cake;
[or]
(E) the sterilized seeds of the plant that are
incapable of beginning germination; or
(F) hemp, as that term is defined by Section
112.001, Agriculture Code.
SECTION 4. (a) Not later than the 90th day after the
effective date of this Act, the Department of Agriculture shall
adopt rules under Section 112.003, Agriculture Code, as added by
this Act, and submit for approval a state plan to the secretary of
the United States Department of Agriculture as provided by Section
112.004, Agriculture Code, as added by this Act.
(b) The Department of Agriculture shall submit amended
state plans as provided by Section 112.004(c), Agriculture Code, as
added by this Act, as necessary until the plan is approved.
SECTION 5. The Department of Agriculture shall implement
the state plan approved by the secretary of the United States
Department of Agriculture not later than the 30th day after the date
on which the state plan is approved.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.