86R1388 JSC-F
By: West S.B. No. 400
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the possession, use, cultivation,
distribution, transportation, and delivery of medical cannabis for
medical use by patients with certain debilitating medical
conditions and terminal illnesses and the licensing of dispensing
organizations and cannabis testing facilities; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CHANGES TO CHAPTER 169, OCCUPATIONS CODE
SECTION 1.01. The heading to Chapter 169, Occupations Code,
is amended to read as follows:
CHAPTER 169. AUTHORITY TO PRESCRIBE MEDICAL [LOW-THC] CANNABIS TO
CERTAIN PATIENTS FOR COMPASSIONATE USE
SECTION 1.02. Section 169.001, Occupations Code, is amended
by amending Subdivisions (2), (3), and (4) and adding Subdivisions
(2-a), (2-b), (3-a), and (6) to read as follows:
(2) "Debilitating epileptic condition" ["Intractable
epilepsy"] means epilepsy or other neurological [a seizure]
disorder, or the treatment of epilepsy or other neurological
disorder that, as diagnosed by a board-certified neurologist,
produces serious, debilitating, or life-threatening [in which the
patient's seizures have been treated by two or more appropriately
chosen and maximally titrated antiepileptic drugs that have failed
to control the] seizures.
(2-a) "Debilitating medical condition" means cancer,
glaucoma, a debilitating epileptic condition, acquired immune
deficiency syndrome, amyotrophic lateral sclerosis, Crohn's
disease, Parkinson's disease, Huntington's disease, or multiple
sclerosis;
(2-b) "Higher concentration cannabis" means the plant
Cannabis sativa L., and any part of that plant or any compound,
manufacture, salt, derivative, mixture, preparation, resin, or oil
of that plant that contains more than 0.5 percent by weight of
tetrahydrocannabinols and any concentration of cannabidiol.
(3) "Low-THC cannabis" means the plant Cannabis sativa
L., and any part of that plant or any compound, manufacture, salt,
derivative, mixture, preparation, resin, or oil of that plant that
contains:
(A) not more than 0.5 percent by weight of
tetrahydrocannabinols; and
(B) not less than 15 [10] percent by weight of
cannabidiol.
(3-a) "Medical cannabis" means low-THC cannabis or
higher concentration cannabis.
(4) "Medical use" means the ingestion by a means of
administration other than by smoking of a prescribed amount of
medical [low-THC] cannabis by a person for whom medical [low-THC]
cannabis is prescribed under this chapter.
(6) "Terminal illness" means an advanced stage of a
disease with an unfavorable prognosis that, without
life-sustaining procedures, will soon result in death or a state of
permanent unconsciousness from which recovery is unlikely.
SECTION 1.03. Section 169.003, Occupations Code, is amended
to read as follows:
Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS. A
physician [described by Section 169.002] may prescribe low-THC
cannabis to alleviate a patient's debilitating medical condition
[seizures] if:
(1) the patient is a permanent resident of the state;
(2) the physician complies with the registration
requirements of Section 169.004; and
(3) the physician certifies to the department that:
(A) the patient is diagnosed with a debilitating
medical condition [intractable epilepsy];
(B) the physician determines the risk of the
medical use of low-THC cannabis by the patient is reasonable in
light of the potential benefit for the patient; and
(C) a second physician [qualified to prescribe
low-THC cannabis under Section 169.002] has concurred with the
determination under Paragraph (B), and the second physician's
concurrence is recorded in the patient's medical record.
SECTION 1.04. Chapter 169, Occupations Code, is amended by
adding Section 169.0035 to read as follows:
Sec. 169.0035. PRESCRIPTION OF HIGHER CONCENTRATION
CANNABIS TO PATIENTS WITH TERMINAL ILLNESS. A physician may
prescribe higher concentration cannabis to a patient if:
(1) the patient is a permanent resident of the state;
(2) the physician complies with the registration
requirements of Section 169.004; and
(3) the physician certifies to the department that:
(A) the patient is diagnosed with a terminal
illness;
(B) the physician determines the risk of the
medical use of higher concentration cannabis by the patient is
reasonable in light of the potential benefit for the patient; and
(C) a second physician has concurred with the
determination under Paragraph (B), and the second physician's
concurrence is recorded in the patient's medical record.
SECTION 1.05. Sections 169.004 and 169.005, Occupations
Code, are amended to read as follows:
Sec. 169.004. MEDICAL [LOW-THC] CANNABIS PRESCRIBER
REGISTRATION. Before a physician [qualified to prescribe low-THC
cannabis under Section 169.002] may prescribe or renew a
prescription for medical [low-THC] cannabis for a patient under
this chapter, the physician must register as the prescriber for
that patient in the compassionate-use registry maintained by the
department under Section 487.054, Health and Safety Code. The
physician's registration must indicate:
(1) the physician's name;
(2) the patient's name and date of birth;
(3) the nature of the patient's debilitating medical
condition or terminal illness;
(4) whether the medical cannabis the physician
prescribes to the patient is:
(A) low-THC cannabis; or
(B) higher concentration cannabis;
(5) the dosage prescribed to the patient;
(6) [(4)] the means of administration ordered for the
patient; and
(7) [(5)] the total amount of medical [low-THC]
cannabis required to fill the patient's prescription.
Sec. 169.005. PATIENT TREATMENT PLAN. A physician
[described by Section 169.002] who prescribes medical [low-THC]
cannabis for a patient's medical use under this chapter must
maintain a patient treatment plan that indicates:
(1) the dosage, means of administration, and planned
duration of treatment for the medical [low-THC] cannabis;
(2) a plan for monitoring the patient's symptoms; and
(3) a plan for monitoring indicators of tolerance or
reaction to medical [low-THC] cannabis.
SECTION 1.06. Section 169.002, Occupations Code, is
repealed.
ARTICLE 2. CHANGES TO CHAPTER 487, HEALTH AND SAFETY CODE
SECTION 2.01. Section 487.001, Health and Safety Code, is
amended to read as follows:
Sec. 487.001. DEFINITIONS. In this chapter:
(1) "Cannabis testing facility" means an independent
entity licensed by the department under this chapter to analyze the
safety and potency of medical cannabis.
(2) "Debilitating medical condition," "higher
concentration cannabis," "low-THC cannabis," "medical cannabis,"
and "terminal illness" have the meanings assigned by Section
169.001, Occupations Code.
(3) "Department" means the Department of Public
Safety.
(4) [(2)] "Director" means the public safety director
of the department.
(5) [(3)] "Dispensing organization" means an
organization licensed by the department to cultivate, process, and
dispense medical [low-THC] cannabis to a patient for whom medical
[low-THC] cannabis is prescribed under Chapter 169, Occupations
Code.
[(4) "Low-THC cannabis" has the meaning assigned by
Section 169.001, Occupations Code.]
SECTION 2.02. The heading to Section 487.053, Health and
Safety Code, is amended to read as follows:
Sec. 487.053. LICENSING OF DISPENSING ORGANIZATIONS AND
CANNABIS TESTING FACILITIES; REGISTRATION OF CERTAIN ASSOCIATED
INDIVIDUALS.
SECTION 2.03. Section 487.053(a), Health and Safety Code,
is amended to read as follows:
(a) The department shall:
(1) issue or renew a license under Subchapter C to
operate as:
(A) a dispensing organization to each applicant
who satisfies the requirements established under this chapter for
licensure as a dispensing organization; and
(B) a cannabis testing facility to each applicant
who satisfies the requirements established under this chapter for
licensure as a cannabis testing facility; and
(2) register directors, managers, and employees under
Subchapter D of each:
(A) dispensing organization; and
(B) cannabis testing facility.
SECTION 2.04. Section 487.054, Health and Safety Code, is
amended to read as follows:
Sec. 487.054. COMPASSIONATE-USE REGISTRY. (a) The
department shall establish and maintain a secure online
compassionate-use registry that contains:
(1) the name of each physician who registers as the
prescriber for a patient under Section 169.004, Occupations Code,
and for each patient for whom the physician has registered as the
prescriber:
(A) the patient's name;
(B) the patient's [and] date of birth;
(C) the nature of the patient's debilitating
medical condition or terminal illness;
(D) whether the medical cannabis the physician
prescribes to the patient is:
(i) low-THC cannabis; or
(ii) higher concentration cannabis;
(E) [of the patient,] the dosage prescribed;
(F) [,] the means of administration ordered;[,]
and
(G) the total amount of medical [low-THC]
cannabis required to fill the patient's prescription; and
(2) a record of each amount of medical [low-THC]
cannabis dispensed by a dispensing organization to a patient under
a prescription.
(b) The department shall ensure the registry:
(1) is designed to prevent more than one qualified
physician from registering as the prescriber for a single patient;
(2) is accessible to law enforcement agencies and
dispensing organizations for the purpose of verifying whether a
patient is one for whom medical [low-THC] cannabis is prescribed
and whether the patient's prescriptions have been filled; and
(3) allows a physician [qualified to prescribe low-THC
cannabis under Section 169.002, Occupations Code,] to input safety
and efficacy data derived from the treatment of patients for whom
medical [low-THC] cannabis is prescribed under Chapter 169,
Occupations Code.
SECTION 2.05. Subchapter B, Chapter 487, Health and Safety
Code, is amended by adding Sections 487.055 and 487.056 to read as
follows:
Sec. 487.055. DESIGNATION OF CAREGIVER. (a) The department
shall develop a form for a patient listed in the registry to
designate one caregiver and one alternate caregiver. A caregiver
is a person who has significant responsibility for managing the
well-being of a registered patient.
(b) The form must require the patient to provide the full
name, home address, and date of birth of the patient's caregiver and
alternate caregiver.
(c) A patient may designate only one caregiver and one
alternate caregiver.
(d) A patient may not designate as the patient's caregiver
or alternate caregiver a person who:
(1) is younger than 21 years of age; or
(2) has been previously convicted of an offense
punishable as a felony involving the manufacture, delivery, or
possession of a controlled substance.
(e) Except as otherwise provided by Subsection (f), a person
may be a caregiver or alternate caregiver for only one patient at a
time.
(f) A person may be a caregiver or alternate caregiver for
two patients simultaneously, provided that each patient is related
to the caregiver within the fourth degree of consanguinity or
affinity, as determined under Chapter 573, Government Code.
(g) The director shall adopt rules necessary to implement
this section, including rules allowing a patient to change the
patient's caregiver or alternate caregiver.
Sec. 487.056. LABELING REQUIREMENTS. The director by rule
shall prescribe labeling requirements for medical cannabis. The
requirements must provide that a label include:
(1) a product name;
(2) the name of the manufacturer;
(3) a batch identification number, batch date, batch
size, and total quantity produced;
(4) a list of ingredients;
(5) an expiration date;
(6) the potency of the medical cannabis, as measured
by the percent by weight of tetrahydrocannabinols, cannabidiols,
and any other psychoactive substances or chemicals determined
relevant by the department; and
(7) any additional labeling requirements as provided
by department rule.
SECTION 2.06. The heading to Subchapter C, Chapter 487,
Health and Safety Code, is amended to read as follows:
SUBCHAPTER C. LICENSING OF [LICENSE TO OPERATE AS] DISPENSING
ORGANIZATIONS AND CANNABIS TESTING FACILITIES [ORGANIZATION]
SECTION 2.07. Section 487.101, Health and Safety Code, is
amended to read as follows:
Sec. 487.101. LICENSE REQUIRED. A person may not operate as
a dispensing organization or a cannabis testing facility without
the appropriate license issued by the department under this
subchapter [chapter is required to operate a dispensing
organization].
SECTION 2.08. Section 487.102, Health and Safety Code, is
amended to read as follows:
Sec. 487.102. ELIGIBILITY FOR LICENSE TO OPERATE AS
DISPENSING ORGANIZATION. An applicant for a license to operate as a
dispensing organization is eligible for the license if:
(1) as determined by the department, the applicant
possesses:
(A) the technical and technological ability to
cultivate and produce medical [low-THC] cannabis;
(B) the ability to secure:
(i) the resources and personnel necessary
to operate as a dispensing organization; and
(ii) premises reasonably located to allow
patients listed on the compassionate-use registry access to the
organization through existing infrastructure;
(C) the ability to maintain accountability for
the raw materials, the finished product, and any by-products used
or produced in the cultivation or production of medical [low-THC]
cannabis to prevent unlawful access to or unlawful diversion or
possession of those materials, products, or by-products; and
(D) the financial ability to maintain operations
for not less than two years from the date of application;
(2) each director, manager, or employee of the
applicant is registered under Subchapter D; and
(3) the applicant satisfies any additional criteria
determined by the director to be necessary to safely implement this
chapter.
SECTION 2.09. Subchapter C, Chapter 487, Health and Safety
Code, is amended by adding Section 487.1021 to read as follows:
Sec. 487.1021. ELIGIBILITY FOR LICENSE TO OPERATE AS
CANNABIS TESTING FACILITY. An applicant for a license to operate as
a cannabis testing facility is eligible for the license if:
(1) as determined by the department, the applicant
possesses:
(A) the ability to secure the resources and
personnel necessary to operate as a cannabis testing facility; and
(B) the financial ability to maintain operations
for not less than two years from the date of application;
(2) each director, manager, or employee of the
applicant is registered under Subchapter D; and
(3) the applicant satisfies any additional criteria
determined by the director to be necessary for the operation of a
cannabis testing facility.
SECTION 2.10. Section 487.103, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) A person may apply for an initial or renewal license
to operate as a cannabis testing facility by submitting a form
prescribed by the department along with the application fee in an
amount set by the director.
SECTION 2.11. Section 487.104(a), Health and Safety Code,
is amended to read as follows:
(a) The department shall issue or renew a license under this
subchapter [to operate as a dispensing organization] only if:
(1) the department determines the applicant meets the
eligibility requirements described by Section 487.102 or 487.1021,
as applicable; and
(2) issuance or renewal of the license is necessary to
ensure reasonable statewide access to, and the availability of,
medical [low-THC] cannabis for patients registered in the
compassionate-use registry and for whom medical [low-THC] cannabis
is prescribed under Chapter 169, Occupations Code.
SECTION 2.12. Sections 487.105(a) and (b), Health and
Safety Code, are amended to read as follows:
(a) An applicant for the issuance or renewal of a license
under this subchapter [to operate as a dispensing organization]
shall provide the department with the applicant's name and the name
of each of the applicant's directors, managers, and employees.
(b) Before a license holder under this subchapter
[dispensing organization licensee] hires a manager or employee for
the organization or facility, the license holder [licensee] must
provide the department with the name of the prospective manager or
employee. The license holder [licensee] may not transfer the
license to another person before that prospective applicant and the
applicant's directors, managers, and employees pass a criminal
history background check and are registered as required by
Subchapter D.
SECTION 2.13. Sections 487.106 and 487.107, Health and
Safety Code, are amended to read as follows:
Sec. 487.106. DUTY TO MAINTAIN ELIGIBILITY. Each license
holder under this subchapter [A dispensing organization] must
maintain compliance at all times with the eligibility requirements
described by Section 487.102 or 487.1021, as applicable.
Sec. 487.107. DUTIES RELATING TO DISPENSING PRESCRIPTION.
(a) Before dispensing medical [low-THC] cannabis to a person for
whom the medical [low-THC] cannabis is prescribed under Chapter
169, Occupations Code, the dispensing organization must verify that
the prescription presented:
(1) is for a person listed as a patient in the
compassionate-use registry;
(2) matches the entry in the compassionate-use
registry with respect to the total amount of medical [low-THC]
cannabis required to fill the prescription; and
(3) has not previously been filled by a dispensing
organization as indicated by an entry in the compassionate-use
registry.
(b) After dispensing medical [low-THC] cannabis to a
patient for whom the medical [low-THC] cannabis is prescribed under
Chapter 169, Occupations Code, the dispensing organization shall
record in the compassionate-use registry the form and quantity of
medical [low-THC] cannabis dispensed and the date and time of
dispensation.
SECTION 2.14. Sections 487.108(a), (b), and (c), Health and
Safety Code, are amended to read as follows:
(a) The department may at any time suspend or revoke a
license issued under this subchapter [chapter] if the department
determines that the license holder [licensee] has not maintained
the eligibility requirements described by Section 487.102 or
487.1021, as applicable, or has failed to comply with a duty imposed
under this subchapter [chapter].
(b) The director shall give written notice to the license
holder [dispensing organization] of a license suspension or
revocation under this section and the grounds for the suspension or
revocation. The notice must be sent by certified mail, return
receipt requested.
(c) After suspending or revoking a license issued under this
subchapter [chapter], the director may seize or place under seal
all medical [low-THC] cannabis and drug paraphernalia owned or
possessed by the dispensing organization or cannabis testing
facility. If the director orders the revocation of the license, a
disposition may not be made of the seized or sealed medical
[low-THC] cannabis or drug paraphernalia until the time for
administrative appeal of the order has elapsed or until all appeals
have been concluded. When a revocation order becomes final, all
medical [low-THC] cannabis and drug paraphernalia may be forfeited
to the state as provided under Subchapter E, Chapter 481.
SECTION 2.15. Section 487.151, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) An individual who is a director, manager, or employee
of a cannabis testing facility must apply for and obtain a
registration under this section.
SECTION 2.16. Section 487.201, Health and Safety Code, is
amended to read as follows:
Sec. 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
MEDICAL [LOW-THC] CANNABIS. A municipality, county, or other
political subdivision may not enact, adopt, or enforce a rule,
ordinance, order, resolution, or other regulation that prohibits
the cultivation, production, dispensing, testing, or possession of
medical [low-THC] cannabis, as authorized by this chapter.
ARTICLE 3. CONFORMING CHANGES
SECTION 3.01. Section 161.001(c), Family Code, is amended
to read as follows:
(c) A court may not make a finding under Subsection (b) and
order termination of the parent-child relationship based on
evidence that the parent:
(1) homeschooled the child;
(2) is economically disadvantaged;
(3) has been charged with a nonviolent misdemeanor
offense other than:
(A) an offense under Title 5, Penal Code;
(B) an offense under Title 6, Penal Code; or
(C) an offense that involves family violence, as
defined by Section 71.004 of this code;
(4) provided or administered medical [low-THC]
cannabis to a child for whom the medical [low-THC] cannabis was
prescribed under Chapter 169, Occupations Code; or
(5) declined immunization for the child for reasons of
conscience, including a religious belief.
SECTION 3.02. Section 262.116(a), Family Code, is amended
to read as follows:
(a) The Department of Family and Protective Services may not
take possession of a child under this subchapter based on evidence
that the parent:
(1) homeschooled the child;
(2) is economically disadvantaged;
(3) has been charged with a nonviolent misdemeanor
offense other than:
(A) an offense under Title 5, Penal Code;
(B) an offense under Title 6, Penal Code; or
(C) an offense that involves family violence, as
defined by Section 71.004 of this code;
(4) provided or administered medical [low-THC]
cannabis to a child for whom the medical [low-THC] cannabis was
prescribed under Chapter 169, Occupations Code; or
(5) declined immunization for the child for reasons of
conscience, including a religious belief.
SECTION 3.03. Section 481.062(a), Health and Safety Code,
is amended to read as follows:
(a) The following persons may possess a controlled
substance under this chapter without registering with the Federal
Drug Enforcement Administration:
(1) an agent or employee of a manufacturer,
distributor, analyzer, or dispenser of the controlled substance who
is registered with the Federal Drug Enforcement Administration and
acting in the usual course of business or employment;
(2) a common or contract carrier, a warehouseman, or
an employee of a carrier or warehouseman whose possession of the
controlled substance is in the usual course of business or
employment;
(3) an ultimate user or a person in possession of the
controlled substance under a lawful order of a practitioner or in
lawful possession of the controlled substance if it is listed in
Schedule V;
(4) an officer or employee of this state, another
state, a political subdivision of this state or another state, or
the United States who is lawfully engaged in the enforcement of a
law relating to a controlled substance or drug or to a customs law
and authorized to possess the controlled substance in the discharge
of the person's official duties;
(5) if the substance is tetrahydrocannabinol or one of
its derivatives:
(A) a Department of State Health Services
official, a medical school researcher, or a research program
participant possessing the substance as authorized under
Subchapter G; or
(B) a practitioner or an ultimate user possessing
the substance as a participant in a federally approved therapeutic
research program that the commissioner has reviewed and found, in
writing, to contain a medically responsible research protocol; or
(6) a dispensing organization or cannabis testing
facility licensed under Subchapter C, Chapter 487, that possesses
medical [low-THC] cannabis.
SECTION 3.04. Sections 481.111(e) and (f), Health and
Safety Code, are amended to read as follows:
(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
apply to a person who engages in the acquisition, possession,
production, cultivation, delivery, or disposal of a raw material
used in or by-product created by the production or cultivation of
medical [low-THC] cannabis if the person:
(1) for an offense involving possession only of
marihuana or drug paraphernalia:
(A) [,] is a patient for whom medical [low-THC]
cannabis is prescribed under Chapter 169, Occupations Code, [or]
the patient's legal guardian, or the patient's designated caregiver
or alternate caregiver; and
(B) [the person] possesses medical [low-THC]
cannabis obtained under a valid prescription from a dispensing
organization; or
(2) is a director, manager, or employee of a
dispensing organization or cannabis testing facility and the
person, solely in performing the person's regular duties at the
organization or facility, acquires, possesses, produces,
cultivates, dispenses, or disposes of:
(A) in reasonable quantities, any medical
[low-THC] cannabis or raw materials used in or by-products created
by the production or cultivation of medical [low-THC] cannabis; or
(B) any drug paraphernalia used in the
acquisition, possession, production, cultivation, delivery, or
disposal of medical [low-THC] cannabis.
(f) For purposes of Subsection (e):
(1) "Cannabis testing facility" and "dispensing
organization" have the meanings ["Dispensing organization" has the
meaning] assigned by Section 487.001.
(2) "Medical cannabis" ["Low-THC cannabis"] has the
meaning assigned by Section 169.001, Occupations Code.
SECTION 3.05. Section 551.004, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) This subtitle does not apply to:
(1) a practitioner licensed by the appropriate state
board who supplies a patient of the practitioner with a drug in a
manner authorized by state or federal law and who does not operate a
pharmacy for the retailing of prescription drugs;
(2) a member of the faculty of a college of pharmacy
recognized by the board who is a pharmacist and who performs the
pharmacist's services only for the benefit of the college;
(3) a person who procures prescription drugs for
lawful research, teaching, or testing and not for resale;
(4) a home and community support services agency that
possesses a dangerous drug as authorized by Section 142.0061,
142.0062, or 142.0063, Health and Safety Code; [or]
(5) a dispensing organization[, as defined by Section
487.001, Health and Safety Code,] that cultivates, processes, and
dispenses medical [low-THC] cannabis, as authorized by a license
issued under Subchapter C, Chapter 487, Health and Safety Code, to a
patient listed in the compassionate-use registry established under
that chapter; or
(6) a cannabis testing facility that analyzes the
safety and potency of medical cannabis, as authorized by a license
issued under Subchapter C, Chapter 487, Health and Safety Code.
(a-1) For purposes of Subsections (a)(5) and (6), "cannabis
testing facility" and "dispensing organization" have the meanings
assigned by Section 487.001, Health and Safety Code.
ARTICLE 4. STUDY AND REPORT
SECTION 4.01. In this article, "department" means the
Department of Public Safety of the State of Texas.
SECTION 4.02. The department, in consultation with a
nationally accredited research university, shall conduct a study
regarding whether application and licensing fees for dispensing
organizations and cannabis testing facilities are impediments to
the entrance of new dispensing organizations and cannabis testing
facilities into the market in this state.
SECTION 4.03. Not later than December 1, 2020, the
department shall submit to the legislature a report on the
conclusions from the study under this article, including any
legislative recommendations.
ARTICLE 5. TRANSITIONS AND EFFECTIVE DATE
SECTION 5.01. Not later than October 1, 2019, the public
safety director of the Department of Public Safety shall adopt
rules as required to implement, administer, and enforce Chapter
487, Health and Safety Code, as amended by this Act.
SECTION 5.02. (a) A license to operate as a dispensing
organization issued under Chapter 487, Health and Safety Code,
before the effective date of this Act continues to be valid after
the effective date of this Act until that license expires.
(b) The registration of a director, manager, or employee of
a dispensing organization under Subchapter D, Chapter 487, Health
and Safety Code, continues to be valid after the effective date of
this Act until that registration expires.
(c) Not later than March 1, 2020, the Department of Public
Safety shall begin licensing cannabis testing facilities in
accordance with Subchapter C, Chapter 487, Health and Safety Code,
as amended by this Act, provided that the applicants for a license
have met all requirements for approval under that subchapter.
SECTION 5.03. 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.