Texas 2019 - 86th Regular

Texas House Bill HB1365 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R26458 GCB-D
1	2		By: Lucio III, Zerwas, Thompson of Harris, H.B. No. 1365
2	3		Anchia, Larson, et al.
	4	+	Substitute the following for H.B. No. 1365:
	5	+	By: Zedler C.S.H.B. No. 1365
3	6
4	7
5	8		A BILL TO BE ENTITLED
6	9		AN ACT
7	10		relating to authorizing the possession, use, cultivation,
8	11		processing, distribution, transportation, research, testing, and
9	12		delivery of low-THC cannabis for medical use by patients with
10	13		certain debilitating medical conditions and the licensing of
11	14		cannabis dispensing organizations, cannabis research
12	15		organizations, and cannabis testing facilities; establishing the
13	16		cannabis therapeutic research review board; authorizing fees.
14	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	18		SECTION 1. Subchapter A, Chapter 37, Education Code, is
16	19		amended by adding Section 37.0015 to read as follows:
17	20		Sec. 37.0015. LOW-THC CANNABIS. Notwithstanding any other
18	21		provision of this chapter, a student for whom low-THC cannabis was
19	22		prescribed under Chapter 169, Occupations Code, may not be subject
20	23		to suspension, expulsion, placement in a disciplinary alternative
21	24		education program, or any other form of discipline solely because
22	25		the student possessed, used, or was under the influence of the
23	26		low-THC cannabis.
24	27		SECTION 2. Section 481.062(a), Health and Safety Code, is
25	28		amended to read as follows:
26	29		(a) The following persons may possess a controlled
27	30		substance under this chapter without registering with the Federal
28	31		Drug Enforcement Administration:
29	32		(1) an agent or employee of a manufacturer,
30	33		distributor, analyzer, or dispenser of the controlled substance who
31	34		is registered with the Federal Drug Enforcement Administration and
32	35		acting in the usual course of business or employment;
33	36		(2) a common or contract carrier, a warehouseman, or
34	37		an employee of a carrier or warehouseman whose possession of the
35	38		controlled substance is in the usual course of business or
36	39		employment;
37	40		(3) an ultimate user or a person in possession of the
38	41		controlled substance under a lawful order of a practitioner or in
39	42		lawful possession of the controlled substance if it is listed in
40	43		Schedule V;
41	44		(4) an officer or employee of this state, another
42	45		state, a political subdivision of this state or another state, or
43	46		the United States who is lawfully engaged in the enforcement of a
44	47		law relating to a controlled substance or drug or to a customs law
45	48		and authorized to possess the controlled substance in the discharge
46	49		of the person's official duties;
47	50		(5) if the substance is tetrahydrocannabinol or one of
48	51		its derivatives:
49	52		(A) a Health and Human Services Commission
50	53		[Department of State Health Services] official, a medical school
51	54		researcher, or a research program participant possessing the
52	55		substance as authorized under Subchapter G; or
53	56		(B) a practitioner or an ultimate user possessing
54	57		the substance as a participant in a federally approved therapeutic
55	58		research program that the commissioner has reviewed and found, in
56	59		writing, to contain a medically responsible research protocol; or
57	60		(6) a dispensing organization, cannabis research
58	61		organization, or cannabis testing facility licensed under
59	62		Subchapter C, Chapter 487, that possesses low-THC cannabis.
60	63		SECTION 3. Sections 481.111(e) and (f), Health and Safety
61	64		Code, are amended to read as follows:
62	65		(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
63	66		apply to a person who engages in the acquisition, possession,
64	67		production, cultivation, delivery, or disposal of a raw material
65	68		used in or by-product created by the production or cultivation of
66	69		low-THC cannabis if the person:
67	70		(1) for an offense involving possession only of
68	71		marihuana or drug paraphernalia, is a patient for whom medical use
69	72		[low-THC cannabis] is prescribed under Chapter 169, Occupations
70	73		Code, or the patient's legal guardian, and the person possesses no
71	74		more than the allowable amount of low-THC cannabis, as determined
72	75		under Section 487.002 [obtained under a valid prescription from a
73	76		dispensing organization]; or
74	77		(2) is a director, manager, or employee of a
75	78		dispensing organization, cannabis research organization, or
76	79		cannabis testing facility and the person, solely in performing the
77	80		person's regular duties at the organization or facility, acquires,
78	81		possesses, produces, cultivates, dispenses, or disposes of:
79	82		(A) in reasonable quantities, any low-THC
80	83		cannabis or raw materials used in or by-products created by the
81	84		production or cultivation of low-THC cannabis; or
82	85		(B) any drug paraphernalia used in the
83	86		acquisition, possession, production, cultivation, delivery, or
84	87		disposal of low-THC cannabis.
85	88		(f) For purposes of Subsection (e):
86	89		(1) "Cannabis testing facility," "cannabis research
87	90		organization," and "dispensing organization" have the meanings
88	91		["Dispensing organization" has the meaning] assigned by Section
89	92		487.001.
90	93		(2) "Low-THC cannabis" and "medical use" have the
91	94		meanings ["Low-THC cannabis" has the meaning] assigned by Section
92	95		169.001, Occupations Code.
93	96		SECTION 4. Subchapter G, Chapter 481, Health and Safety
94	97		Code, is amended to read as follows:
95	98		SUBCHAPTER G. CANNABIS THERAPEUTIC RESEARCH PROGRAM
96	99		Sec. 481.201. RESEARCH PROGRAM; REVIEW BOARD. (a) A
97	100		cannabis therapeutic research review board is established to
98	101		administer the cannabis therapeutic research program under this
99	102		subchapter. The executive commissioner shall assist the review
100	103		board as provided by this subchapter [may establish a controlled
101	104		substance therapeutic research program for the supervised use of
102	105		tetrahydrocannabinols for medical and research purposes to be
103	106		conducted in accordance with this chapter].
104	107		(b) [If the executive commissioner establishes the program,
105	108		the executive commissioner shall create a research program review
106	109		board.] The review board members are appointed by the governor
107	110		[executive commissioner] and serve staggered six-year terms. The
108	111		terms of one-third of the members expire August 31 of each
109	112		odd-numbered year [at the will of the executive commissioner].
110	113		(c) The review board shall be composed of the following 12
111	114		members:
112	115		(1) a licensed physician certified by the American
113	116		Board of Ophthalmology;
114	117		(2) a licensed physician certified by the American
115	118		Board of Internal Medicine and certified in the subspecialty of
116	119		medical oncology;
117	120		(3) a licensed physician certified by the American
118	121		Board of Psychiatry;
119	122		(4) a licensed physician certified by the American
120	123		Board of Surgery;
121	124		(5) a licensed physician certified by the American
122	125		Board of Radiology; [and]
123	126		(6) a licensed attorney with experience in law
124	127		pertaining to the practice of medicine;
125	128		(7) a licensed physician certified by the American
126	129		Board of Family Medicine;
127	130		(8) a licensed physician certified by the American
128	131		Osteopathic Association;
129	132		(9) a licensed physician specializing in pain
130	133		management certified by the American Board of Anesthesiology, the
131	134		American Board of Psychiatry, the American Board of Neurology, or
132	135		the American Board of Physical Medicine and Rehabilitation;
133	136		(10) a licensed advanced practice registered nurse
134	137		specializing in palliative care certified by the Hospice and
135	138		Palliative Credentialing Center or a licensed physician
136	139		specializing in palliative care certified by a member board of the
137	140		American Board of Medical Specialties, the American Osteopathic
138	141		Association, or the Hospice Medical Director Certification Board;
139	142		and
140	143		(11) two licensed physicians certified by the American
141	144		Board of Psychiatry and Neurology.
142	145		(d) The review board may create and appoint one or more
143	146		advisory committees composed of patients, law enforcement
144	147		officers, other medical professionals, and other persons who are
145	148		knowledgeable about low-THC cannabis cultivation, processing, and
146	149		regulation.
147	150		(e) Members serve without compensation but are entitled to
148	151		reimbursement for actual and necessary expenses incurred in
149	152		performing official duties.
150	153		Sec. 481.202. REVIEW BOARD POWERS AND DUTIES. (a) The
151	154		review board shall review research proposals submitted [and medical
152	155		case histories of persons recommended for participation in a
153	156		research program] and determine which research programs and persons
154	157		are most suitable for the therapy and research purposes of the
155	158		program. The review board shall approve the research programs[,
156	159		certify program participants,] and conduct periodic reviews of the
157	160		research and participants.
158	161		(b) Research programs may be conducted with a medical
159	162		school, as defined by Section 61.501, Education Code, a hospital
160	163		licensed under Chapter 241, or a general academic teaching
161	164		institution, as defined by Section 61.003, Education Code, and may
162	165		investigate the safety and efficacy of low-THC cannabis and other
163	166		public health outcomes [The review board, after approval of the
164	167		executive commissioner, may seek authorization to expand the
165	168		research program to include diseases not covered by this
166	169		subchapter].
167	170		(c) The review board shall maintain a record of all persons
168	171		in charge of approved research programs and of all persons who
169	172		participate in the program as researchers or as patients. The
170	173		record must indicate whether a patient is registered under Chapter
171	174		487.
172	175		(d) The review board shall encourage multiple research
173	176		goals, including:
174	177		(1) objective scientific research into the safety and
175	178		efficacy of low-THC cannabis;
176	179		(2) developing medical guidelines for the appropriate
177	180		administration of low-THC cannabis, to assist physicians and
178	181		patients in evaluating the risks and benefits of low-THC cannabis,
179	182		and to provide a scientific basis for future policies;
180	183		(3) developing quality control, purity, and labeling
181	184		standards for low-THC cannabis;
182	185		(4) developing best practices for the safe and
183	186		efficient cultivation of low-THC cannabis; and
184	187		(5) analysis of genetic and healing properties of
185	188		different varieties of cannabis. [The executive commissioner may
186	189		terminate the distribution of tetrahydrocannabinols and their
187	190		derivatives to a research program as the executive commissioner
188	191		determines necessary.]
189	192		(e) The review board shall require written reports that
190	193		describe and assess the research findings by each approved research
191	194		program, including research findings relating to the safety and
192	195		efficacy of low-THC cannabis. In consultation with the Department
193	196		of Public Safety, the review board shall report on the quality,
194	197		diversity, and availability of low-THC cannabis. The review board
195	198		shall submit a report on the status and findings of the research
196	199		programs to the department not later than October 1 of each year.
197	200		(f) The review board shall determine the formulations and
198	201		dosages, including ratios of cannabinoids, that are medically
199	202		appropriate for patients with particular debilitating medical
200	203		conditions under Chapter 169, Occupations Code.
201	204		(g) The review board may establish training criteria for the
202	205		qualification of a physician under Section 169.002, Occupations
203	206		Code.
204		-	(h) The review board shall conduct a continuing study of the
	207	+	(h) If after review of published, peer-reviewed medical
	208	+	literature and research results under this subchapter, the review
	209	+	board determines that the likely benefit of medical use in the
	210	+	treatment or alleviation of a medical condition or symptom
	211	+	outweighs any likely harm to patients, that condition or symptom
	212	+	qualifies as a debilitating medical condition under Chapter 169,
	213	+	Occupations Code.
	214	+	(i) The review board shall conduct a continuing study of the
205	215		laws relating to cannabis to facilitate statewide access to safe
206	216		and effective low-THC cannabis and report the board's findings and
207	217		recommendations to the legislature not later than the 90th day
208	218		before the first day of each regular legislative session.
209		-	(i) The review board may accept donations for research under
	219	+	(j) The review board may accept donations for research under
210	220		this chapter and provide grants for research into low-THC cannabis
211	221		use and health outcomes and scientific public education outreach to
212	222		educate youth on the risks of using cannabis for nonmedical
213	223		purposes or without the supervision of a health care provider.
214	224		Sec. 481.203. PATIENT PARTICIPATION. (a) A person may not
215	225		be considered for participation as a recipient of low-THC cannabis
216	226		[tetrahydrocannabinols and their derivatives] through a research
217	227		program unless the person is recommended to a person in charge of an
218	228		approved research program and the review board by a physician who is
219	229		licensed by the Texas Medical Board and is attending the person.
220	230		(b) A physician may [not] recommend a person for the
221	231		research program if [unless] the person[:
222	232		[(1) has glaucoma or cancer;
223	233		[(2) is not responding to conventional treatment for
224	234		glaucoma or cancer or is experiencing severe side effects from
225	235		treatment; and
226	236		[(3)] has a condition, symptoms, or side effects [from
227	237		treatment] that may be alleviated by medical use of low-THC
228	238		cannabis and the risk of the medical use of low-THC cannabis is
229	239		reasonable in light of the potential benefit for the patient
230	240		[tetrahydrocannabinols or their derivatives].
231	241		(c) Each patient in a research program must provide informed
232	242		consent in writing. If the patient lacks the mental or legal
233	243		capacity to provide informed consent, a parent, guardian, or
234	244		conservator may provide informed consent on the patient's behalf.
235	245		Sec. 481.204. ACQUISITION AND DISTRIBUTION OF LOW-THC
236	246		CANNABIS [CONTROLLED SUBSTANCES]. (a) The executive commissioner
237	247		shall acquire low-THC cannabis [the tetrahydrocannabinols and
238	248		their derivatives] for use in the research program by contracting
239	249		with the National Institute on Drug Abuse to receive
240	250		tetrahydrocannabinols and their derivatives that are safe for human
241	251		consumption according to the regulations adopted by the institute,
242	252		the United States Food and Drug Administration, and the Federal
243	253		Drug Enforcement Administration.
244	254		(b) The executive commissioner shall supervise the
245	255		distribution of low-THC cannabis [the tetrahydrocannabinols and
246	256		their derivatives] to program participants. The low-THC cannabis
247	257		[tetrahydrocannabinols and derivatives of tetrahydrocannabinols]
248	258		may be distributed only by the person in charge of the research
249	259		program to physicians caring for program participant patients,
250	260		under rules adopted by the executive commissioner in such a manner
251	261		as to prevent unauthorized diversion of the substances and in
252	262		compliance with all requirements of the Federal Drug Enforcement
253	263		Administration. The physician is responsible for dispensing the
254	264		substances to patients.
255	265		(c) Notwithstanding Subsections (a) and (b), a research
256	266		program may use and patients may acquire low-THC cannabis produced
257	267		by license holders under Chapter 487.
258	268		Sec. 481.205. RULES; REPORTS. (a) The executive
259	269		commissioner shall adopt rules necessary for implementing the
260	270		research program.
261	271		(b) The [If the executive commissioner establishes a
262	272		program under this subchapter, the] commissioner shall publish a
263	273		report not later than January 1 of each odd-numbered year on the
264	274		medical effectiveness of the use of low-THC cannabis
265	275		[tetrahydrocannabinols and their derivatives] and any other
266	276		medical findings of the research program.
267	277		SECTION 5. Section 487.001, Health and Safety Code, is
268	278		amended to read as follows:
269	279		Sec. 487.001. DEFINITIONS. In this chapter:
270	280		(1) "Cannabis research organization" means an
271	281		organization licensed by the department to conduct medical,
272	282		scientific, or agricultural research on low-THC cannabis.
273	283		(2) "Cannabis testing facility" means an independent
274	284		entity licensed by the department under this chapter to analyze the
275	285		content, safety, and potency of low-THC cannabis.
276	286		(3) "Caregiver" means a person who has significant
277	287		responsibility for managing the well-being of a registered patient.
278	288		(4) "Debilitating medical condition" has the meaning
279	289		assigned by Section 169.001, Occupations Code.
280	290		(5) "Department" means the Department of Public
281	291		Safety.
282	292		(6) [(2)] "Director" means the public safety director
283	293		of the department.
284	294		(7) [(3)] "Dispensing organization" means an
285	295		organization licensed by the department to cultivate, process, and
286	296		dispense low-THC cannabis to a patient for whom low-THC cannabis is
287	297		prescribed under Chapter 169, Occupations Code.
288	298		(8) [(4)] "Low-THC cannabis" has the meaning assigned
289	299		by Section 169.001, Occupations Code.
290	300		(9) "Medical use" has the meaning assigned by Section
291	301		169.001, Occupations Code.
292	302		SECTION 6. Subchapter A, Chapter 487, Health and Safety
293	303		Code, is amended by adding Section 487.002 to read as follows:
294	304		Sec. 487.002. ALLOWABLE AMOUNT OF LOW-THC CANNABIS. (a)
295	305		The allowable amount of low-THC cannabis for a person for whom
296	306		medical use is recommended under Chapter 169, Occupations Code, is
297	307		a 30-day supply of the recommended dosage for a particular patient
298	308		stated in terms of grams for low-THC cannabis in the form of dried
299	309		flower and in terms of milligrams of tetrahydrocannabinols
300	310		contained in oils or other products infused with low-THC cannabis.
301	311		(b) Oils or other products infused with low-THC cannabis
302	312		must be labeled in accordance with department rules to indicate the
303	313		quantity of each cannabinoid and terpene contained in the oil or
304	314		product for purposes of determining compliance with this section.
305	315		SECTION 7. Chapter 487, Health and Safety Code, is amended
306	316		by adding Subchapter A-1 to read as follows:
307	317		SUBCHAPTER A-1. PROTECTIONS RELATED TO MEDICAL USE OF CANNABIS
308	318		Sec. 487.021. PROTECTION FROM LEGAL ACTION. (a) This
309	319		section applies to a person who is:
310	320		(1) a patient for whom medical use is prescribed under
311	321		Chapter 169, Occupations Code, or the parent or caregiver of a
312	322		patient;
313	323		(2) a dispensing organization;
314	324		(3) a cannabis research organization;
315	325		(4) a cannabis testing facility; or
316	326		(5) a director, manager, or employee of a dispensing
317	327		organization, cannabis research organization, or cannabis testing
318	328		facility who is registered with the department under Section
319	329		487.053.
320	330		(b) Notwithstanding any other law, a person described by
321	331		Subsection (a) is not subject to arrest, prosecution, or penalty in
322	332		any manner, or denial of any right or privilege, including any civil
323	333		penalty or disciplinary action by a court or occupational or
324	334		professional licensing board or bureau, for conduct involving
325	335		medical use that is authorized under this chapter, Subchapter G,
326	336		Chapter 481, department rule, or Chapter 169, Occupations Code.
327	337		Sec. 487.022. NO PRESUMPTION OF CHILD ABUSE, NEGLECT, OR
328	338		ENDANGERMENT. A person described by Section 487.021(a) may not be
329	339		presumed to have engaged in conduct constituting child abuse,
330	340		neglect, or endangerment solely because the person engaged in
331	341		conduct involving medical use that is authorized under this
332	342		chapter, Subchapter G, Chapter 481, department rule, or Chapter
333	343		169, Occupations Code.
334	344		Sec. 487.023. NO DENIAL OF PARENTAL RIGHTS. The fact that a
335	345		person described by Section 487.021(a) engages in conduct
336	346		authorized under this chapter, Subchapter G, Chapter 481,
337	347		department rule, or Chapter 169, Occupations Code, does not in
338	348		itself constitute grounds for denying, limiting, or restricting
339	349		conservatorship or possession of or access to a child under Title 5,
340	350		Family Code.
341	351		Sec. 487.024. NO SEIZURE OR FORFEITURE. Property used in
342	352		the cultivation, research, testing, processing, distribution,
343	353		transportation, and delivery of low-THC cannabis for medical use
344	354		that is authorized under this chapter, Subchapter G, Chapter 481,
345	355		department rule, or Chapter 169, Occupations Code, is not
346	356		contraband for purposes of Chapter 59, Code of Criminal Procedure,
347	357		and is not subject to seizure or forfeiture under that chapter or
348	358		other law solely for the use of the property in those authorized
349	359		activities.
350	360		Sec. 487.025. NO PROSECUTION FOR PROVISION OF
351	361		PARAPHERNALIA. A person is not subject to arrest, prosecution, or
352	362		the imposition of any sentence or penalty for the delivery,
353	363		possession with intent to deliver, or manufacture of any item that
354	364		meets the definition of drug paraphernalia, as defined by Section
355	365		481.002, if that item is delivered, possessed with intent to
356	366		deliver, or manufactured for the sole purpose of providing that
357	367		item to:
358	368		(1) a person for whom medical use is recommended under
359	369		Chapter 169, Occupations Code;
360	370		(2) a licensed cannabis research organization; or
361	371		(3) a licensed cannabis testing facility.
362	372		SECTION 8. Section 487.052, Health and Safety Code, is
363	373		amended to read as follows:
364	374		Sec. 487.052. RULES. (a) The director shall adopt any
365	375		rules necessary for the administration and enforcement of this
366	376		chapter.
367	377		(b) The director shall adopt [, including] rules imposing
368	378		reasonable fees under this chapter in amounts sufficient to cover
369	379		the cost of administering this chapter and Subchapter G, Chapter
370	380		481. The department may also use fees to establish a cannabis
371	381		testing and quality control fund for the costs of equipment to test
372	382		cannabis, cannabis products, and other substances for the purpose
373	383		of assisting law enforcement to enforce this subtitle.
374	384		(c) The director by rule shall adopt labeling requirements
375	385		for low-THC cannabis. In adopting labeling requirements, the
376	386		director shall ensure each oil and product infused with low-THC
377	387		cannabis is labeled with the quantity of each cannabinoid and
378	388		terpene contained in the oil or product.
379	389		(d) In consultation with the cannabis therapeutic research
380	390		review board under Chapter 481, the director shall adopt necessary
381	391		rules to allow the department to monitor the safety and efficacy of
382	392		low-THC cannabis and oils or products infused with low-THC
383	393		cannabis, including rules:
384	394		(1) requiring accurate reporting to consumers by
385	395		testing facilities regarding the content of low-THC cannabis and
386	396		oils or products infused with low-THC cannabis; and
387	397		(2) providing for random testing by the department to
388	398		ensure compliance with labeling and reporting requirements.
389	399		(e) In consultation with the cannabis therapeutic research
390	400		review board under Chapter 481, the director may collect data from
391	401		dispensing organizations, cannabis research organizations,
392	402		cannabis testing facilities, and health care providers as necessary
393	403		to enable the department to monitor the safety and efficacy of
394	404		low-THC cannabis and oils or products infused with low-THC
395	405		cannabis. The director may adopt rules for the data collection
396	406		under this subsection.
397	407		SECTION 9. The heading to Section 487.053, Health and
398	408		Safety Code, is amended to read as follows:
399	409		Sec. 487.053. LICENSING OF DISPENSING ORGANIZATIONS,
400	410		CANNABIS RESEARCH ORGANIZATIONS, AND CANNABIS TESTING FACILITIES;
401	411		REGISTRATION OF CERTAIN ASSOCIATED INDIVIDUALS.
402	412		SECTION 10. Section 487.053(a), Health and Safety Code, is
403	413		amended to read as follows:
404	414		(a) The department shall:
405	415		(1) issue or renew a license under Subchapter C to
406	416		operate as:
407	417		(A) a dispensing organization to each applicant
408	418		who satisfies the requirements established under this chapter for
409	419		licensure as a dispensing organization;
410	420		(B) a cannabis research organization to each
411	421		applicant who satisfies the requirements established under this
412	422		chapter for licensure as a cannabis research organization; and
413	423		(C) a cannabis testing facility to each applicant
414	424		who satisfies the requirements established under this chapter for
415	425		licensure as a cannabis testing facility; and
416	426		(2) register directors, managers, and employees under
417	427		Subchapter D of each:
418	428		(A) dispensing organization;
419	429		(B) cannabis research organization; and
420	430		(C) cannabis testing facility.
421	431		SECTION 11. Section 487.054, Health and Safety Code, is
422	432		amended to read as follows:
423	433		Sec. 487.054. COMPASSIONATE-USE REGISTRY. (a) The
424	434		department shall establish and maintain a secure online
425	435		compassionate-use registry that contains:
426	436		(1) the name of each physician who registers as a
427	437		physician prescribing low-THC cannabis for medical use [the
428	438		prescriber] for a patient under Section 169.004, Occupations Code,
429	439		the name and date of birth of the patient, the dosage prescribed,
430	440		the means of administration ordered, and the debilitating medical
431	441		condition for which medical use is prescribed for the patient
432	442		[total amount of low-THC cannabis required to fill the patient's
433	443		prescription]; and
434	444		(2) the allowable amount of low-THC cannabis specified
435	445		by a prescribing physician for the patient under Chapter 169,
436	446		Occupations Code [a record of each amount of low-THC cannabis
437	447		dispensed by a dispensing organization to a patient under a
438	448		prescription].
439	449		(b) The department shall ensure the registry:
440	450		(1) is designed to prevent more than one [qualified]
441	451		physician from registering as the prescribing physician
442	452		[prescriber] for a single patient;
443	453		(2) is accessible to law enforcement agencies and
444	454		dispensing organizations for the purpose of verifying whether a
445	455		patient is one for whom low-THC cannabis is prescribed [and whether
446	456		the patient's prescriptions have been filled]; and
447	457		(3) allows a physician prescribing [qualified to
448	458		prescribe] low-THC cannabis under Chapter 169 [Section 169.002],
449	459		Occupations Code, to input safety and efficacy data derived from
450	460		the treatment of patients for whom medical use of low-THC cannabis
451	461		is prescribed under Chapter 169, Occupations Code.
452	462		SECTION 12. Subchapter B, Chapter 487, Health and Safety
453	463		Code, is amended by adding Section 487.055 to read as follows:
454	464		Sec. 487.055. DESIGNATION OF CAREGIVERS. (a) The
455	465		department shall develop a form for a patient listed in the registry
456	466		to designate one caregiver and one alternate caregiver.
457	467		(b) The form must require the patient to provide the full
458	468		name, home address, and date of birth of the patient's caregiver and
459	469		alternate caregiver.
460	470		(c) A patient may not designate as the patient's caregiver
461	471		or alternate caregiver a person who has been previously convicted
462	472		of an offense punishable as a felony involving the manufacture,
463	473		delivery, or possession of a controlled substance.
464	474		(d) A person may be a caregiver or alternate caregiver for
465	475		only one patient at a time unless:
466	476		(1) each patient is related to the caregiver within
467	477		the fourth degree of consanguinity or affinity, as determined in
468	478		the manner described by Chapter 573, Government Code; or
469	479		(2) the caregiver is employed by a home health care
470	480		agency or other service and provides assistance to multiple
471	481		patients who are registered low-THC cannabis patients as part of
472	482		the caregiver's job duties.
473	483		(e) The director shall adopt rules necessary to implement
474	484		this section, including rules allowing a patient to change the
475	485		patient's caregiver or alternate caregiver and to provide
476	486		identification cards for registered caregivers.
477	487		SECTION 13. The heading to Subchapter C, Chapter 487,
478	488		Health and Safety Code, is amended to read as follows:
479	489		SUBCHAPTER C. LICENSING OF [LICENSE TO OPERATE AS] DISPENSING
480	490		ORGANIZATIONS, CANNABIS RESEARCH ORGANIZATIONS, AND CANNABIS
481	491		TESTING FACILITIES [ORGANIZATION]
482	492		SECTION 14. Section 487.101, Health and Safety Code, is
483	493		amended to read as follows:
484	494		Sec. 487.101. LICENSE REQUIRED. A person may not operate as
485	495		a dispensing organization, a cannabis research organization, or a
486	496		cannabis testing facility without the appropriate license issued by
487	497		the department under this subchapter [chapter is required to
488	498		operate a dispensing organization].
489	499		SECTION 15. Section 487.102, Health and Safety Code, is
490	500		amended to read as follows:
491	501		Sec. 487.102. ELIGIBILITY FOR LICENSE TO OPERATE AS
492	502		DISPENSING ORGANIZATION. (a) An applicant for a license to operate
493	503		as a dispensing organization is eligible for the license if:
494	504		(1) as determined by the department, the applicant
495	505		possesses:
496	506		(A) the technical and technological ability to
497	507		cultivate and produce low-THC cannabis;
498	508		(B) the ability to secure:
499	509		(i) the resources and personnel necessary
500	510		to operate as a dispensing organization; and
501	511		(ii) premises reasonably located to allow
502	512		patients listed on the compassionate-use registry access to the
503	513		organization through existing infrastructure;
504	514		(C) the ability to maintain accountability for
505	515		the raw materials, the finished product, and any by-products used
506	516		or produced in the cultivation or production of low-THC cannabis to
507	517		prevent unlawful access to or unlawful diversion or possession of
508	518		those materials, products, or by-products; and
509	519		(D) the financial ability to maintain operations
510	520		for not less than two years from the date of application;
511	521		(2) each director, manager, or employee of the
512	522		applicant is registered under Subchapter D; and
513	523		(3) the applicant satisfies any additional criteria
514	524		determined by the director to be necessary to safely implement this
515	525		chapter.
516	526		(b) A dispensing organization may operate three additional
517	527		retail dispensing locations under a single license issued by the
518	528		department under this chapter on application to the department. If
519	529		the department determines that additional locations are necessary
520	530		to meet patient access needs, then a licensee may operate more than
521	531		four dispensing locations. The department may set a fee for an
522	532		application for each additional location in accordance with Section
523	533		487.103.
524	534		SECTION 16. Subchapter C, Chapter 487, Health and Safety
525	535		Code, is amended by adding Sections 487.1021 and 487.1022 to read as
526	536		follows:
527	537		Sec. 487.1021. ELIGIBILITY FOR LICENSE TO OPERATE AS
528	538		CANNABIS RESEARCH ORGANIZATION. (a) An applicant for a license to
529	539		operate as a cannabis research organization is eligible for the
530	540		license if:
531	541		(1) as determined by the department, the applicant
532	542		possesses:
533	543		(A) the ability to secure the resources and
534	544		personnel necessary to operate as a cannabis research organization;
535	545		and
536	546		(B) the financial ability to maintain operations
537	547		for not less than two years from the date of application;
538	548		(2) each director, manager, or employee of the
539	549		applicant is registered under Subchapter D;
540	550		(3) for medical or scientific research, the applicant
541	551		has submitted a research proposal to the cannabis therapeutic
542	552		research review board as described in Subchapter G, Chapter 481;
543	553		and
544	554		(4) the applicant satisfies any additional criteria
545	555		determined by the director to be necessary for the operation of a
546	556		cannabis research organization.
547	557		(b) If the applicant is affiliated with a medical school, as
548	558		defined by Section 61.501, Education Code, a hospital licensed
549	559		under Chapter 241, or a general academic teaching institution, as
550	560		defined by Section 61.003, Education Code, the department shall
551	561		presume the requirements of Subsection (a)(1) are met.
552	562		Sec. 487.1022. ELIGIBILITY FOR LICENSE TO OPERATE AS
553	563		CANNABIS TESTING FACILITY. An applicant for a license to operate as
554	564		a cannabis testing facility is eligible for the license if:
555	565		(1) as determined by the department, the applicant
556	566		possesses:
557	567		(A) the ability to secure the resources and
558	568		personnel necessary to operate as a cannabis testing facility; and
559	569		(B) the financial ability to maintain operations
560	570		for not less than two years from the date of application;
561	571		(2) the applicant is accredited by an accreditation
562	572		body in accordance with International Organization for
563	573		Standardization ISO/IEC 17025 or a successor standard;
564	574		(3) each director, manager, or employee of the
565	575		applicant is registered under Subchapter D; and
566	576		(4) the applicant satisfies any additional criteria
567	577		determined by the director to be necessary for the operation of a
568	578		cannabis testing facility.
569	579		SECTION 17. Section 487.103, Health and Safety Code, is
570	580		amended by adding Subsections (a-1) and (a-2) to read as follows:
571	581		(a-1) A person may apply for an initial or renewal license
572	582		to operate as a cannabis research organization by submitting a form
573	583		prescribed by the department along with the application fee in an
574	584		amount set by the director that may not exceed $500.
575	585		(a-2) A person may apply for an initial or renewal license
576	586		to operate as a cannabis testing facility by submitting a form
577	587		prescribed by the department along with the application fee in an
578	588		amount set by the director.
579	589		SECTION 18. Section 487.104(a), Health and Safety Code, is
580	590		amended to read as follows:
581	591		(a) The department shall issue or renew a license under this
582	592		subchapter [to operate as a dispensing organization] only if:
583	593		(1) the department determines the applicant meets the
584	594		eligibility requirements described by Section 487.102, 487.1021,
585	595		or 487.1022, as applicable; and
586	596		(2) in the case of a dispensing organization, issuance
587	597		[or renewal] of the license is necessary to ensure reasonable
588	598		statewide access to, and the availability of, low-THC cannabis and
589	599		the medically appropriate formulations determined under Section
590	600		481.202(f) for patients registered in the compassionate-use
591	601		registry and for whom low-THC cannabis is prescribed under Chapter
592	602		169, Occupations Code.
593	603		SECTION 19. Sections 487.105(a) and (b), Health and Safety
594	604		Code, are amended to read as follows:
595	605		(a) An applicant for the issuance or renewal of a license
596	606		under this subchapter [to operate as a dispensing organization]
597	607		shall provide the department with the applicant's name and the name
598	608		of each of the applicant's directors, managers, and employees.
599	609		(b) Before a license holder under this subchapter
600	610		[dispensing organization licensee] hires a manager or employee for
601	611		the organization or facility, the license holder [licensee] must
602	612		provide the department with the name of the prospective manager or
603	613		employee. The license holder [licensee] may not transfer the
604	614		license to another person before that prospective applicant and the
605	615		applicant's directors, managers, and employees pass a criminal
606	616		history background check and are registered as required by
607	617		Subchapter D.
608	618		SECTION 20. Section 487.106, Health and Safety Code, is
609	619		amended to read as follows:
610	620		Sec. 487.106. DUTY TO MAINTAIN ELIGIBILITY. Each license
611	621		holder under this subchapter [A dispensing organization] must
612	622		maintain compliance at all times with the eligibility requirements
613	623		described by Section 487.102, 487.1021, or 487.1022, as applicable.
614	624		SECTION 21. Section 487.107, Health and Safety Code, is
615	625		amended by adding Subsection (c) to read as follows:
616	626		(c) On request of the department, a dispensing organization
617	627		must provide to the department a sample suitable for testing of
618	628		low-THC cannabis dispensed by the organization.
619	629		SECTION 22. Sections 487.108(a), (b), and (c), Health and
620	630		Safety Code, are amended to read as follows:
621	631		(a) The department may at any time suspend or revoke a
622	632		license issued under this subchapter [chapter] if the department
623	633		determines that the license holder [licensee] has not maintained
624	634		the eligibility requirements described by Section 487.102,
625	635		487.1021, or 487.1022, as applicable, or has failed to comply with a
626	636		duty imposed under this chapter.
627	637		(b) The director shall give written notice to the license
628	638		holder [dispensing organization] of a license suspension or
629	639		revocation under this section and the grounds for the suspension or
630	640		revocation. The notice must be sent by certified mail, return
631	641		receipt requested.
632	642		(c) After suspending or revoking a license issued under this
633	643		subchapter [chapter], the director may seize or place under seal
634	644		all low-THC cannabis and drug paraphernalia owned or possessed by
635	645		the license holder [dispensing organization]. If the director
636	646		orders the revocation of the license, a disposition may not be made
637	647		of the seized or sealed low-THC cannabis or drug paraphernalia
638	648		until the time for administrative appeal of the order has elapsed or
639	649		until all appeals have been concluded. When a revocation order
640	650		becomes final, all low-THC cannabis and drug paraphernalia may be
641	651		forfeited to the state as provided under Subchapter E, Chapter 481.
642	652		SECTION 23. Section 487.151(a), Health and Safety Code, is
643	653		amended to read as follows:
644	654		(a) An individual who is a director, manager, or employee of
645	655		a license holder under Subchapter C [dispensing organization] must
646	656		apply for and obtain a registration under this section.
647	657		SECTION 24. Section 487.201, Health and Safety Code, is
648	658		amended to read as follows:
649	659		Sec. 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
650	660		LOW-THC CANNABIS. A municipality, county, or other political
651	661		subdivision may not enact, adopt, or enforce a rule, ordinance,
652	662		order, resolution, or other regulation that prohibits the
653	663		cultivation, production, dispensing, research, testing, or
654	664		possession of low-THC cannabis, as authorized by this chapter.
655	665		SECTION 25. Chapter 169, Occupations Code, is amended to
656	666		read as follows:
657	667		CHAPTER 169. AUTHORITY TO PRESCRIBE LOW-THC CANNABIS TO CERTAIN
658	668		PATIENTS FOR COMPASSIONATE USE
659	669		Sec. 169.001. DEFINITIONS. In this chapter:
660	670		(1) "Bona fide physician-patient relationship" means
661	671		a treatment or counseling relationship between a physician and
662	672		patient in which all of the following are present:
663	673		(A) the physician has reviewed the patient's
664	674		relevant medical records and completed a full assessment of the
665	675		patient's medical history and current medical condition, including
666	676		a relevant, in-person, medical evaluation of the patient;
667	677		(B) the physician has created and maintained
668	678		records of the patient's condition in accordance with medically
669	679		accepted standards;
670	680		(C) the physician has a reasonable expectation
671	681		that the physician will provide follow-up care to the patient to
672	682		monitor the efficacy of the use of low-THC cannabis as a treatment
673	683		of the patient's debilitating medical condition; and
674	684		(D) if the patient has given permission, the
675	685		physician has notified the patient's primary care physician of the
676	686		patient's debilitating medical condition and certification for the
677	687		medical use of low-THC cannabis to treat that condition.
678	688		(2) "Debilitating medical condition" means:
679	689		(A) cancer, autism, post-traumatic stress
680	690		disorder, neurological conditions including agitation of
681	691		Alzheimer's disease, Parkinson's disease, Huntington's disease,
682	692		amyotrophic lateral sclerosis, and Tourette syndrome, Crohn's
683	693		disease, ulcerative colitis, muscular dystrophy, or multiple
684		-	sclerosis; or
	694	+	sclerosis;
685	695		(B) a medical condition that produces, or the
686	696		treatment of a medical condition that produces:
687	697		(i) endocannabinoid deficiency syndrome;
688	698		(ii) cachexia or wasting syndrome;
689	699		(iii) neuropathy;
690	700		(iv) visceral, neuropathic, somatic, or
691	701		severe intractable pain;
692	702		(v) severe nausea;
693	703		(vi) seizures, including those
694	704		characteristic of epilepsy;
695	705		(vii) severe and persistent muscle spasms,
696	706		including those characteristic of multiple sclerosis; or
697		-	(viii) tic disorders.
	707	+	(viii) tic disorders; or
	708	+	(C) any other medical condition or any symptom
	709	+	caused by the treatment of a medical condition approved as a
	710	+	debilitating medical condition by the cannabis therapeutic
	711	+	research review board under Section 481.202(h).
698	712		(3) "Department" means the Department of Public
699	713		Safety.
700	714		(4) [(2) "Intractable epilepsy" means a seizure
701	715		disorder in which the patient's seizures have been treated by two or
702	716		more appropriately chosen and maximally titrated antiepileptic
703	717		drugs that have failed to control the seizures.
704	718		[(3)] "Low-THC cannabis" means the plant Cannabis
705	719		sativa L., and any part of that plant or any compound, manufacture,
706	720		salt, derivative, mixture, preparation, resin, or oil of that plant
707	721		that contains[:
708	722		[(A)] not more than 0.5 percent by weight of
709	723		tetrahydrocannabinols[; and
710	724		[(B) not less than 10 percent by weight of
711	725		cannabidiol]. Notwithstanding other law, low-THC cannabis includes
712	726		any medical formulation or dosage approved under Section
713	727		481.202(f).
714	728		(5) [(4)] "Medical use" means the ingestion by a means
715	729		of administration other than by smoking of a prescribed amount of
716	730		low-THC cannabis by a person for whom medical use [low-THC
717	731		cannabis] is prescribed under this chapter.
718	732		(6) "Prescribe" means the act of a physician to
719	733		authorize low-THC cannabis to be dispensed to a patient.
720	734		(7) "Prescription" means an order by a physician,
721	735		provided on a secure online form designated by the department, that
722	736		specifies:
723	737		(A) the date of the order's issue;
724	738		(B) the name and date of birth of the patient;
725	739		(C) the dosage, any cannabinoid ratios, and
726	740		quantity prescribed to the patient;
727	741		(D) directions for the use and means of
728	742		administration of the low-THC cannabis; and
729	743		(E) an amount of low-THC cannabis needed by the
730	744		patient for a 30-day period.
731	745		(8) "Serious adverse event" means an adverse event
732	746		that:
733	747		(A) results in death;
734	748		(B) results in an illness requiring
735	749		hospitalization;
736	750		(C) is considered life-threatening; or
737	751		(D) results in a persistent or significant
738	752		disability, incapacity, or medically important condition.
739	753		(9) [(5)] "Smoking" means burning or igniting a
740	754		substance and inhaling the smoke. The term does not include
741	755		vaporizing.
742	756		(10) "Vaporizing" means heating a substance to a
743	757		temperature below the combustion point of the substance so that the
744	758		vapor may be inhaled.
745	759		Sec. 169.002. PHYSICIAN AUTHORIZED [QUALIFIED] TO
746	760		PRESCRIBE LOW-THC CANNABIS. (a) A [Only a] physician [qualified as
747	761		provided by this section] may prescribe low-THC cannabis in
748	762		accordance with this chapter for a patient with a debilitating
749		-	medical condition, provided that:
750		-	(1) the physician has obtained the proper medical
751		-	knowledge concerning medical use as treatment for a patient's
752		-	particular debilitating medical condition through a course of
753		-	instruction provided for that purpose, continuing medical
754		-	education relating to medical use, or self-study;
755		-	(2) the physician has determined that the risk of
756		-	medical use by the patient is reasonable in light of the potential
757		-	benefit for the patient; and
758		-	(3) a second physician licensed in this state has
759		-	concurred with the physician's determination under Subdivision (2)
760		-	and the second physician's concurrence is recorded in the patient's
761		-	medical record.
	763	+	medical condition, provided that the physician has obtained the
	764	+	proper medical knowledge concerning medical use as treatment for a
	765	+	patient's particular debilitating medical condition through a
	766	+	course of instruction provided for that purpose, continuing medical
	767	+	education relating to medical use, or self-study.
762	768		(b) [A physician is qualified to prescribe low-THC cannabis
763	769		to a patient with intractable epilepsy if the physician:
764	770		[(1) is licensed under this subtitle;
765	771		[(2) dedicates a significant portion of clinical
766	772		practice to the evaluation and treatment of epilepsy; and
767	773		[(3) is certified:
768	774		[(A) by the American Board of Psychiatry and
769	775		Neurology in:
770	776		[(i) epilepsy; or
771	777		[(ii) neurology or neurology with special
772	778		qualification in child neurology and is otherwise qualified for the
773	779		examination for certification in epilepsy; or
774	780		[(B) in neurophysiology by:
775	781		[(i) the American Board of Psychiatry and
776	782		Neurology; or
777	783		[(ii) the American Board of Clinical
778	784		Neurophysiology.
779	785		[Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS.] A
780	786		physician who prescribes low-THC cannabis under this chapter must
781	787		[described by Section 169.002 may prescribe low-THC cannabis to
782	788		alleviate a patient's seizures if]:
783	789		(1) comply [the patient is a permanent resident of the
784	790		state;
785	791		[(2) the physician complies] with the registration
786	792		requirements of Section 169.004; and
787	793		(2) certify [(3) the physician certifies] to the
788	794		department that:
789	795		(A) there is a bona fide physician-patient
790	796		relationship;
791	797		(B) the patient is diagnosed with a debilitating
792	798		medical condition [intractable epilepsy];
793	799		(C) [(B)] the physician has determined that
794	800		[determines] the risk of [the] medical use [of low-THC cannabis] by
795	801		the patient is reasonable in light of the potential benefit for the
796		-	patient; [and]
797		-	(D) the physician has obtained the proper medical
798		-	knowledge required by Subsection (a); and
799		-	(E) [(C)] a second physician licensed in this
800		-	state [qualified to prescribe low-THC cannabis under Section
801		-	169.002] has concurred with the physician's determination under
802		-	Paragraph (C) [(B)], and the second physician's concurrence is
803		-	recorded in the patient's medical record.
	802	+	patient; and
	803	+	(D) [(C)] the physician has obtained the proper
	804	+	medical knowledge required by Subsection (a) [a second physician
	805	+	qualified to prescribe low-THC cannabis under Section 169.002 has
	806	+	concurred with the determination under Paragraph (B), and the
	807	+	second physician's concurrence is recorded in the patient's medical
	808	+	record].
804	809		Sec. 169.004. PHYSICIAN [LOW-THC CANNABIS PRESCRIBER]
805	810		REGISTRATION OF PRESCRIPTION. (a) Before a physician [qualified
806	811		to prescribe low-THC cannabis under Section 169.002] may prescribe
807	812		low-THC cannabis for medical use [prescribe or renew a prescription
808	813		for low-THC cannabis] for a patient under this chapter, the
809	814		physician must register as the prescribing physician [prescriber
810	815		for that patient] in the compassionate-use registry maintained by
811	816		the department under Section 487.054, Health and Safety Code.
812	817		(b) Before a physician may prescribe low-THC cannabis for a
813	818		particular patient, the physician must add that prescription for
814	819		the patient to the physician's registration information.
815	820		(c) The department may publish the name of a physician
816	821		registered under this section only if permission is expressly
817	822		granted by the physician. The physician's name is confidential and
818	823		is not subject to disclosure under Chapter 552, Government Code.
819	824		[The physician's registration must indicate:
820	825		[(1) the physician's name;
821	826		[(2) the patient's name and date of birth;
822	827		[(3) the dosage prescribed to the patient;
823	828		[(4) the means of administration ordered for the
824	829		patient; and
825	830		[(5) the total amount of low-THC cannabis required to
826	831		fill the patient's prescription.]
827	832		Sec. 169.005. PATIENT TREATMENT PLAN. A physician
828	833		[described by Section 169.002] who prescribes low-THC cannabis for
829	834		a patient's medical use under this chapter must maintain a patient
830	835		treatment plan that indicates:
831	836		(1) the dosage, means of administration, and planned
832	837		duration of treatment for the low-THC cannabis;
833	838		(2) a plan for monitoring the patient's symptoms; and
834	839		(3) a plan for monitoring indicators of tolerance or
835	840		reaction to low-THC cannabis, including any adverse events.
836	841		Sec. 169.006. ADVERSE EVENT REPORTING. A physician must
837	842		record any adverse event in the patient's medical records and shall
838	843		report any serious adverse event to the cannabis therapeutic
839	844		research review board.
840	845		Sec. 169.007. PHYSICIAN'S STATEMENT; PARTICIPATION IN
841	846		PROGRAMS. A physician may not be denied any right or privilege or
842	847		be subject to any disciplinary action solely for:
843	848		(1) making a written or oral statement that, in the
844	849		physician's professional opinion, the potential benefits of the use
845	850		of cannabis would likely outweigh the health risks; or
846	851		(2) participation in programs under Subchapter G,
847	852		Chapter 481, or Chapter 487, Health and Safety Code.
848	853		SECTION 26. Section 551.004, Occupations Code, is amended
849	854		by amending Subsection (a) and adding Subsection (a-1) to read as
850	855		follows:
851	856		(a) This subtitle does not apply to:
852	857		(1) a practitioner licensed by the appropriate state
853	858		board who supplies a patient of the practitioner with a drug in a
854	859		manner authorized by state or federal law and who does not operate a
855	860		pharmacy for the retailing of prescription drugs;
856	861		(2) a member of the faculty of a college of pharmacy
857	862		recognized by the board who is a pharmacist and who performs the
858	863		pharmacist's services only for the benefit of the college;
859	864		(3) a person who procures prescription drugs for
860	865		lawful research, teaching, or testing and not for resale;
861	866		(4) a home and community support services agency that
862	867		possesses a dangerous drug as authorized by Section 142.0061,
863	868		142.0062, or 142.0063, Health and Safety Code; [or]
864	869		(5) a dispensing organization[, as defined by Section
865	870		487.001, Health and Safety Code,] that cultivates, processes, and
866	871		dispenses low-THC cannabis, as authorized by a license issued under
867	872		Subchapter C, Chapter 487, Health and Safety Code, to a patient
868	873		listed in the compassionate-use registry established under that
869	874		chapter;
870	875		(6) a cannabis research organization that researches
871	876		the cultivation, analysis, and medical use of low-THC cannabis, as
872	877		authorized by a license issued under Subchapter C, Chapter 487,
873	878		Health and Safety Code; or
874	879		(7) a cannabis testing facility that analyzes the
875	880		content, safety, and potency of low-THC cannabis, as authorized by
876	881		a license issued under Subchapter C, Chapter 487, Health and Safety
877	882		Code.
878	883		(a-1) For purposes of Subsections (a)(5), (6), and (7),
879	884		"cannabis research organization," "cannabis testing facility," and
880	885		"dispensing organization" have the meanings assigned by Section
881	886		487.001, Health and Safety Code.
882	887		SECTION 27. Not later than December 1, 2019, the public
883	888		safety director of the Department of Public Safety shall adopt
884	889		rules as required to implement, administer, and enforce Chapter
885	890		487, Health and Safety Code, as amended by this Act.
886	891		SECTION 28. (a) A license to operate as a dispensing
887	892		organization issued under Chapter 487, Health and Safety Code,
888	893		before the effective date of this Act continues to be valid after
889	894		the effective date of this Act until that license expires.
890	895		(b) The registration of a director, manager, or employee of
891	896		a dispensing organization under Subchapter D, Chapter 487, Health
892	897		and Safety Code, continues to be valid after the effective date of
893	898		this Act until that registration expires.
894	899		(c) Not later than September 1, 2020, the Department of
895	900		Public Safety shall license at least 12 dispensing organizations in
896	901		accordance with Section 487.053, Health and Safety Code, as amended
897	902		by this Act, including those already licensed as of the effective
898	903		date of this Act, provided at least 12 applicants for a license to
899	904		operate as a dispensing organization have met the requirements for
900	905		approval provided by Subchapter C, Chapter 487, Health and Safety
901	906		Code, as amended by this Act.
902	907		(d) As of the effective date of this Act, the duties of the
903	908		review board established under Subchapter G, Chapter 481, Health
904	909		and Safety Code, are transferred to the review board composed of the
905	910		members appointed under Section 481.201, Health and Safety Code, as
906	911		amended by this Act. The governor shall appoint the additional
907	912		members provided for by amendments made to that section by this Act,
908	913		as soon as practicable and not later than October 1, 2019.
909	914		(e) Not later than March 1, 2020, the Department of Public
910	915		Safety shall begin licensing cannabis research organizations and
911	916		cannabis testing facilities in accordance with Subchapter C,
912	917		Chapter 487, Health and Safety Code, as amended by this Act,
913	918		provided that the applicants for a license have met all
914	919		requirements for approval under that subchapter.
915	920		SECTION 29. This Act takes effect immediately if it
916	921		receives a vote of two-thirds of all the members elected to each
917	922		house, as provided by Section 39, Article III, Texas Constitution.
918	923		If this Act does not receive the vote necessary for immediate
919	924		effect, this Act takes effect September 1, 2019.