| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the eligibility of an individual to be issued a license |
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| 8 | 8 | | to operate as a dispensing organization under the Texas |
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| 9 | 9 | | Compassionate-Use Act, or to act as a director, manager, or |
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| 10 | 10 | | employee of a dispensing organization, based on a criminal history |
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| 11 | 11 | | background check. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 487.105, Health and Safety Code, is |
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| 14 | 14 | | amended by adding Subsection (c-1) to read as follows: |
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| 15 | 15 | | (c-1) The criteria established under Subsection (c) must |
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| 16 | 16 | | provide that an individual's conviction of or placement on deferred |
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| 17 | 17 | | adjudication community supervision for an offense involving the |
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| 18 | 18 | | possession of marihuana that was punishable as a misdemeanor does |
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| 19 | 19 | | not prevent the individual from passing the criminal history |
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| 20 | 20 | | background check for the purposes of this section. |
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| 21 | 21 | | SECTION 2. The change in law made by this Act to Section |
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| 22 | 22 | | 487.105, Health and Safety Code, applies to an individual's |
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| 23 | 23 | | eligibility to be issued a license to operate as a dispensing |
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| 24 | 24 | | organization, or to act as a director, manager, or employee of a |
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| 25 | 25 | | dispensing organization, based on a criminal history background |
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| 26 | 26 | | check conducted on or after the effective date of this Act, |
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| 27 | 27 | | regardless of when a conviction reported as part of the |
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| 28 | 28 | | individual's criminal history occurred. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2021. |
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