Texas 2025 - 89th Regular

Texas House Bill HB1113 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R968 MP-F
2	2	By: Cain H.B. No. 1113
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the production and regulation of hemp; providing an
10	10	administrative penalty; requiring a permit to conduct certain
11	11	research involving hemp; authorizing a fee; creating a criminal
12	12	offense.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 41.002(1), Agriculture Code, is amended
15	15	to read as follows:
16	16	(1) "Agricultural commodity" means an agricultural,
17	17	horticultural, viticultural, or vegetable product, bees and honey,
18	18	planting seed, rice, hemp, livestock or livestock product, or
19	19	poultry or poultry product, produced in this state, either in its
20	20	natural state or as processed by the producer. The term does not
21	21	include flax.
22	22	SECTION 2. Section 121.003, Agriculture Code, is amended by
23	23	adding Subsection (e) to read as follows:
24	24	(e) Not later than the 120th day after the date a change to a
25	25	state statute, federal statute, or federal regulation takes effect,
26	26	the department shall submit to the secretary of the United States
27	27	Department of Agriculture any amendments to the state plan
28	28	necessary to incorporate and implement the change.
29	29	SECTION 3. Section 122.001, Agriculture Code, is amended by
30	30	amending Subdivision (5) and adding Subdivision (8-a) to read as
31	31	follows:
32	32	(5) "Institution of higher education" and "private or
33	33	independent institution of higher education" have [has] the
34	34	meanings [meaning] assigned by Section 61.003, Education Code.
35	35	(8-a) "Nonprofit research entity" means a research
36	36	entity that is a nonprofit corporation, nonprofit association, or
37	37	other entity that is organized solely for one or more of the
38	38	purposes specified by Section 2.002, Business Organizations Code.
39	39	SECTION 4. Subchapter A, Chapter 122, Agriculture Code, is
40	40	amended by adding Section 122.005 to read as follows:
41	41	Sec. 122.005. HEMP RESEARCH PERMIT. (a) The department
42	42	shall issue a hemp research permit to an institution of higher
43	43	education, private or independent institution of higher education,
44	44	or nonprofit research entity in this state that requests the
45	45	permit. The entity must submit to the department a fee in an amount
46	46	equal to the application fee for a license, as provided by Section
47	47	122.052.
48	48	(b) Notwithstanding any provision of this chapter or
49	49	department rule other than Subsection (c), a hemp research permit
50	50	holder:
51	51	(1) is not required to obtain from the department a lot
52	52	crop permit or other permit for each location where hemp is grown;
53	53	(2) is not required to obtain preharvest testing under
54	54	Section 122.153 before harvesting plants, except as provided by
55	55	Subsection (c);
56	56	(3) may cultivate and handle varieties of hemp seed
57	57	and plants that are not certified or approved under Section
58	58	122.252;
59	59	(4) may collect and research feral hemp; and
60	60	(5) is not subject to Section 122.403(c) or (d).
61	61	(c) A hemp research permit holder may only sell or transfer
62	62	hemp to another person if the variety of the hemp is certified or
63	63	approved under Section 122.252 and the sale or transfer occurs at
64	64	least six months after the hemp is harvested.
65	65	(d) A hemp research permit holder may conduct research
66	66	involving hemp in conjunction with a license holder at a facility
67	67	designated by the license holder for research use only.
68	68	(e) Subsections (b) and (c) apply to a license holder and
69	69	facility described by Subsection (d).
70	70	SECTION 5. Section 122.051, Agriculture Code, is amended by
71	71	adding Subsections (c) and (d) to read as follows:
72	72	(c) Not later than the 90th day after the date a change to
73	73	this chapter, a federal statute, or a federal regulation takes
74	74	effect, the department shall propose any rules necessary to
75	75	incorporate and implement the change.
76	76	(d) This chapter, Chapter 121, and any rule adopted by the
77	77	department to incorporate or implement a federal statute or federal
78	78	regulation may not be construed in a manner that is inconsistent
79	79	with 7 U.S.C. Chapter 38, Subchapter VII, or any other applicable
80	80	federal law or rule.
81	81	SECTION 6. Section 122.055, Agriculture Code, is amended by
82	82	adding Subsection (c-1) to read as follows:
83	83	(c-1) The department by rule may adopt a different shipping
84	84	certificate, cargo manifest, or other requirement for the shipment
85	85	or transportation of a sample of hemp to:
86	86	(1) a testing laboratory; or
87	87	(2) another destination if the sample contains not
88	88	more than an amount of hemp as determined by the department by rule
89	89	and is accompanied by the results of a laboratory test indicating
90	90	the delta-9 tetrahydrocannabinol concentration of the lot or plot
91	91	from which the sample was taken.
92	92	SECTION 7. Section 122.102, Agriculture Code, is amended to
93	93	read as follows:
94	94	Sec. 122.102. LICENSE AND HEMP RESEARCH PERMIT
95	95	INELIGIBILITY. (a) An individual who is or has been convicted of a
96	96	felony relating to a controlled substance under federal law or the
97	97	law of any state may not, before the 10th anniversary of the date of
98	98	the conviction:
99	99	(1) hold a license under this subchapter or a hemp
100	100	research permit under Subchapter A; or
101	101	(2) be a governing person of a business entity or
102	102	nonprofit research entity that holds a license under this
103	103	subchapter or a hemp research permit under Subchapter A.
104	104	(b) The department may not issue a license under this
105	105	subchapter or a hemp research permit under Subchapter A to a person
106	106	who materially falsifies any information contained in an
107	107	application submitted to the department under Section 122.005 or
108	108	122.103.
109	109	SECTION 8. Section 122.151, Agriculture Code, is amended by
110	110	adding Subsection (g) to read as follows:
111	111	(g) A laboratory that performs testing required by this
112	112	chapter shall report the delta-9 tetrahydrocannabinol
113	113	concentration, the total tetrahydrocannabinol concentration, and
114	114	the concentration of any other cannabinoid federally regulated
115	115	under 7 U.S.C. Chapter 38, Subchapter VII, of the sample on a dry
116	116	weight basis and the measurement of uncertainty in the test result.
117	117	The measurement of uncertainty must comply with International
118	118	Organization for Standardization ISO/IEC 17025 or a comparable or
119	119	successor standard and any provisions of federal law governing the
120	120	measurement of uncertainty.
121	121	SECTION 9. Subchapter E, Chapter 122, Agriculture Code, is
122	122	amended by adding Section 122.203 to read as follows:
123	123	Sec. 122.203. HARVEST WHILE LICENSE SUSPENDED OR REVOKED.
124	124	(a) A person whose license is suspended or revoked after planting
125	125	hemp plants may obtain preharvest or postharvest testing under
126	126	Subchapter D and may harvest the plants under Section 122.201 in the
127	127	same manner as a license holder.
128	128	(b) The department by rule shall establish fair and
129	129	objective standards for determining whether a person whose license
130	130	is suspended or revoked may use or sell plants harvested under
131	131	Subsection (a), based on the circumstances of the suspension or
132	132	revocation. Based on those rules, the department may prohibit a
133	133	person from selling or using plants harvested under Subsection (a)
134	134	while the person's license is suspended or revoked.
135	135	(c) A person whose license is reinstated may sell or use
136	136	plants harvested under Subsection (a) as provided by Section
137	137	122.202.
138	138	SECTION 10. The heading to Subchapter F, Chapter 122,
139	139	Agriculture Code, is amended to read as follows:
140	140	SUBCHAPTER F. HEMP SEED AND PLANTS
141	141	SECTION 11. Section 122.252, Agriculture Code, is amended
142	142	to read as follows:
143	143	Sec. 122.252. CERTIFICATION OR APPROVAL OF SEED AND PLANT
144	144	VARIETIES. (a) Subject to Subsection (b), the [The] department or
145	145	an entity authorized to certify seed and plants under Chapter 62
146	146	shall identify and certify or approve varieties of seed and plants
147	147	confirmed to produce hemp.
148	148	(b) The department or entity may not certify or approve a
149	149	variety of hemp seed or plant if the variety [seed] is tested and
150	150	confirmed to produce a plant that has delta-9 tetrahydrocannabinol
151	151	concentration of more than 0.3 percent on a dry weight basis. For
152	152	purposes of this subsection, the department may partner with a
153	153	private entity or an institution of higher education to test seed
154	154	and plant varieties for the purpose of certification or approval
155	155	under this section.
156	156	(c) The department may authorize the importation of hemp
157	157	seed and plant varieties certified in accordance with the law of
158	158	another state or jurisdiction that requires as a condition of
159	159	certification that hemp be produced in compliance with:
160	160	(1) that state or jurisdiction's plan approved by the
161	161	United States Department of Agriculture under 7 U.S.C. Section
162	162	1639p; or
163	163	(2) a plan established under 7 U.S.C. Section 1639q if
164	164	that plan applies in the state or jurisdiction.
165	165	(d) The department shall maintain and make available to
166	166	license holders a list of hemp seed and plant varieties [seeds]
167	167	certified or approved under this section.
168	168	SECTION 12. Subchapter F, Chapter 122, Agriculture Code, is
169	169	amended by adding Section 122.254 to read as follows:
170	170	Sec. 122.254. SEEDLINGS AND OTHER IMMATURE PLANTS. (a) A
171	171	person may transport into this state, and a license holder may
172	172	obtain and cultivate, immature plants propagated outside this state
173	173	if the plants are accompanied by shipping documentation that:
174	174	(1) complies with any requirements of the state of
175	175	origin;
176	176	(2) indicates the grower of the immature plants is
177	177	licensed by the state of origin;
178	178	(3) lists the recipient license holder in this state
179	179	and the recipient's license number; and
180	180	(4) shows that the variety of the immature plants is
181	181	certified or approved under Section 122.252.
182	182	(b) A license holder may obtain and cultivate immature
183	183	plants propagated in this state by another license holder if the
184	184	plants are accompanied by the shipping certificate or cargo
185	185	manifest required by Section 122.055 that shows that the variety of
186	186	the immature plants is certified or approved under Section 122.252.
187	187	The immature plants are not subject to preharvest testing under
188	188	Section 122.153. The license holder shall maintain records, as
189	189	required by the department, that match the lot crop permit number
190	190	issued by the department for the location where the immature plants
191	191	were propagated with the lot crop number for the location where the
192	192	plants were cultivated.
193	193	(c) A license holder may transplant immature plants
194	194	propagated by the license holder from one plot to another plot
195	195	controlled by the license holder. The department by rule shall
196	196	waive the requirement that a license holder obtain a lot crop permit
197	197	for and may not require a license holder to pay any fee for a
198	198	greenhouse or other location used to propagate immature plants if
199	199	the plants are transplanted to another plot controlled by the
200	200	license holder and are not sold or transferred to another person.
201	201	The department by rule may waive the requirement that a person
202	202	obtain a shipping certificate or cargo manifest to transplant
203	203	immature plants from one plot to another plot operated by the
204	204	license holder.
205	205	(d) The department by rule shall define "immature plant."
206	206	SECTION 13. Section 122.403, Agriculture Code, is amended
207	207	by amending Subsection (a) and adding Subsection (e) to read as
208	208	follows:
209	209	(a) If the department determines that a license holder
210	210	negligently violated this chapter or a rule adopted under this
211	211	chapter, the department shall enforce the violation in the manner
212	212	provided by 7 U.S.C. Section 1639p(e) and 7 C.F.R. Section 990.6.
213	213	(e) A license holder is not subject to more than one
214	214	negligent violation related to cultivation per calendar year.
215	215	SECTION 14. Subchapter I, Chapter 122, Agriculture Code, is
216	216	amended by adding Sections 122.4034 and 122.4035 to read as
217	217	follows:
218	218	Sec. 122.4034. ADMINISTRATIVE PENALTY FOR CULTIVATING HEMP
219	219	WITHOUT A LICENSE. On determining that a person violated Section
220	220	122.101, the department may:
221	221	(1) issue a written warning to the person;
222	222	(2) impose an administrative penalty in the amount of
223	223	$500; and
224	224	(3) require the person to obtain a license.
225	225	Sec. 122.4035. PENALTY FOR CULTIVATING HEMP WITHOUT A
226	226	LICENSE; CRIMINAL OFFENSE. (a) A person commits an offense if the
227	227	person:
228	228	(1) violates Section 122.101; and
229	229	(2) has received an administrative penalty under
230	230	Section 122.4034 for a previous violation of Section 122.101.
231	231	(b) An offense under this section is a Class C misdemeanor,
232	232	except that the offense is:
233	233	(1) a Class B misdemeanor if it is shown on the trial
234	234	of the offense that the person has previously been convicted one
235	235	time of an offense under this section; and
236	236	(2) a Class A misdemeanor if it is shown on the trial
237	237	of the offense that the person has previously been convicted two or
238	238	more times of an offense under this section.
239	239	SECTION 15. Section 122.403, Agriculture Code, as amended
240	240	by this Act, and Sections 122.4034 and 122.4035, Agriculture Code,
241	241	as added by this Act, apply only to conduct that occurs on or after
242	242	the effective date of this Act. Conduct that occurred before that
243	243	date is governed by the law in effect when the conduct occurred, and
244	244	the former law is continued in effect for that purpose.
245	245	SECTION 16. This Act takes effect September 1, 2025.