TX
Texas House Bill HB2818

Texas 2023 - 88th Regular

Texas House Bill HB2818

Filed
2/24/23  
Out of House Committee
4/25/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the production and regulation of hemp; providing an administrative penalty; requiring a permit to conduct certain research involving hemp; authorizing a fee; creating a criminal offense.

Impact

The impact of HB 2818 on state laws is significant, as it modifies existing statutes within the Agriculture Code. The bill introduces a new research permit system for institutions involved in hemp research, eliminating some permit requirements that previously hampered research and innovation in the hemp sector. It also strengthens the framework for penalties, providing clear administrative and criminal penalties for illegal cultivation or distribution of hemp without the necessary licenses. This modernized legal framework is expected to foster growth and ensure compliance within the hemp industry, which is increasingly seen as a viable agricultural commodity.

Summary

House Bill 2818, introduced by Representative Kane, aims to update the state regulations concerning the production and regulation of hemp in Texas. The bill seeks to align state laws with the changing federal regulations regarding hemp, ensuring that the state can effectively support an industry that is now legal under federal law. Key provisions of the bill include a licensure program for universities and nonprofit entities to conduct research on hemp, as well as establishing administrative penalties for violations of hemp regulations. It mandates that permit applications include an associated fee, enhancing state oversight over hemp research activities.

Sentiment

The sentiment surrounding HB 2818 has been generally positive among proponents who argue that the bill is a necessary step to adapt state laws to the evolving landscape of hemp production. Supporters see the potential for economic growth and increased research opportunities that can arise from clearer regulations. However, some concerns were raised about the implications of criminal penalties and how they could disproportionately affect small growers or those new to the industry. Nonetheless, the overall dialogue has favored the bill's passage, emphasizing its role in supporting agricultural advancements.

Contention

A notable point of contention regarding HB 2818 revolves around the provisions for administrative penalties and the establishment of criminal offenses for non-compliance. While supporters advocate that these measures are crucial for maintaining industry integrity and safety, critics argue that the penalties may be too harsh and could deter small-scale farmers or new entrants from participating in the hemp market. This highlights a balance that the legislation must strike between regulating and promoting hemp production, aiming to create an environment that fosters growth while ensuring compliance with legal standards.

Texas Constitutional Statutes Affected

Agriculture Code

  • Chapter 41. Commodity Producers Boards
    • Section: New Section
  • Chapter 121. State Hemp Production Plan
    • Section: New Section
  • Chapter 122. Cultivation Of Hemp
    • Section: New Section
  • Chapter 1. General Provisions
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB321

Identical Relating to the production and regulation of hemp; providing administrative penalties; creating a criminal offense.

Previously Filed As

TX HB1113

Relating to the production and regulation of hemp; providing an administrative penalty; requiring a permit to conduct certain research involving hemp; authorizing a fee; creating a criminal offense.

TX SB321

Relating to the production and regulation of hemp; providing administrative penalties; creating a criminal offense.

TX SB1778

Relating to the production and regulation of hemp and consumable hemp products; providing administrative penalties; imposing and authorizing fees; creating a criminal offense.

TX HB3948

Relating to the production and regulation of hemp and consumable hemp products; providing administrative penalties; creating a criminal offense.

TX HB1325

Relating to the production and regulation of hemp; requiring occupational licenses; authorizing fees; creating criminal offenses; providing civil and administrative penalties.

TX SB2952

Relating to the regulation of hemp and nonconsumable hemp products; increasing a criminal penalty; increasing a civil penalty and providing other penalties; requiring an occupational license; imposing and authorizing certain fees.

TX SB1240

Relating to the production and regulation of hemp; requiring an occupational license; authorizing fees.

TX SB3

Relating to the regulation of products derived from hemp, including consumable hemp products and the hemp-derived cannabinoids contained in those products; requiring occupational licenses and permits; imposing fees; creating criminal offenses; authorizing an administrative penalty.

TX HB28

Relating to the regulation of consumable hemp products and providing for the transfer of regulatory functions; requiring a registration; imposing fees; creating criminal offenses; providing an administrative penalty.

TX SB5

Relating to the regulation of certain products derived from hemp, including consumable hemp products and the hemp-derived cannabinoids contained in those products; requiring occupational licenses and registrations; imposing fees; creating criminal offenses; authorizing an administrative penalty.

Similar Bills

TX HB5339

Relating to the establishment by the Texas Higher Education Coordinating Board of a grant program to support the study of regenerative agriculture at public institutions of higher education.

TX HB1113

Relating to the production and regulation of hemp; providing an administrative penalty; requiring a permit to conduct certain research involving hemp; authorizing a fee; creating a criminal offense.

TX SB1016

Relating to the continuation and functions of the Department of Agriculture and the Prescribed Burning Board, the creation of the Texas Bioenergy Policy Council and Texas Bioenergy Research Committee, and the abolition of the Texas-Israel Exchange Fund Board; providing penalties.

TX HB3236

Relating to the continuation and functions of the Department of Agriculture and the Prescribed Burning Board and the abolition of the Texas-Israel Exchange Fund Board.

TX SB321

Relating to the production and regulation of hemp; providing administrative penalties; creating a criminal offense.

TX HB989

Relating to industrial hemp; requiring an occupational license; authorizing fees.

TX HB3587

Relating to industrial hemp; requiring an occupational license; authorizing fees.

TX SB116

Relating to industrial hemp; requiring an occupational license; authorizing fees.