Texas 2025 - 89th Regular

Texas House Bill HB2155 Compare Versions

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

Old	New	Differences
1	1	89R3575 LHC-D
2	2	By: Shaheen H.B. No. 2155
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a prohibition on the sale, transfer, or delivery of
10	10	consumable hemp products; creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Chapter 443, Health and Safety
13	13	Code, is amended to read as follows:
14	14	CHAPTER 443. [MANUFACTURE, DISTRIBUTION, AND] SALE, TRANSFER, OR
15	15	DELIVERY OF CONSUMABLE HEMP PRODUCTS PROHIBITED
16	16	SECTION 2. Section 443.001(1), Health and Safety Code, is
17	17	amended to read as follows:
18	18	(1) "Consumable hemp product" means food, a drug, a
19	19	device, or a cosmetic, as those terms are defined by Section
20	20	431.002, that contains hemp or one or more hemp-derived
21	21	cannabinoids, including cannabidiol. The term does not include
22	22	low-THC cannabis regulated under Chapter 487.
23	23	SECTION 3. Subchapter A, Chapter 443, Health and Safety
24	24	Code, is amended by adding Section 443.0015 to read as follows:
25	25	Sec. 443.0015. OFFENSE: SALE, TRANSFER, OR DELIVERY OF
26	26	CONSUMABLE HEMP PRODUCTS. (a) A person commits an offense if the
27	27	person:
28	28	(1) sells, offers for sale, transfers, or delivers a
29	29	consumable hemp product; or
30	30	(2) provides a consumable hemp product by courier,
31	31	delivery, or mail service.
32	32	(b) An offense under this section is a Class B misdemeanor.
33	33	SECTION 4. Section 121.003(a), Agriculture Code, is amended
34	34	to read as follows:
35	35	(a) The department, after consulting with the governor and
36	36	attorney general, shall develop a state plan to monitor and
37	37	regulate the production of hemp in this state. The plan must comply
38	38	with:
39	39	(1) 7 U.S.C. Section 1639p; and
40	40	(2) Chapter 122[; and
41	41	[(3) Chapter 443, Health and Safety Code].
42	42	SECTION 5. Section 122.001(3), Agriculture Code, is amended
43	43	to read as follows:
44	44	(3) "Handle" means to possess or store a hemp plant:
45	45	(A) on premises owned, operated, or controlled by
46	46	a license holder for any period of time; or
47	47	(B) in a vehicle for any period of time other than
48	48	during the actual transport of the plant from a premises owned,
49	49	operated, or controlled by a license holder to[:
50	50	[(i)] a premises owned, operated, or
51	51	controlled by another license holder[; or
52	52	[(ii) a person licensed under Chapter 443,
53	53	Health and Safety Code].
54	54	SECTION 6. Section 122.101, Agriculture Code, is amended to
55	55	read as follows:
56	56	Sec. 122.101. LICENSE REQUIRED[; EXCEPTIONS]. A [(a)
57	57	Except as provided by Subsection (b), a] person or the person's
58	58	agent may not cultivate or handle hemp in this state or transport
59	59	hemp outside of this state unless the person holds a license under
60	60	this subchapter.
61	61	[(b) A person is not required to hold a license under this
62	62	subchapter to manufacture a consumable hemp product in accordance
63	63	with Subtitle A, Title 6, Health and Safety Code.]
64	64	SECTION 7. Section 122.301(b), Agriculture Code, is amended
65	65	to read as follows:
66	66	(b) A state agency may not authorize a person to manufacture
67	67	a product containing hemp for smoking[, as defined by Section
68	68	443.001, Health and Safety Code]. In this subsection, "smoking"
69	69	means burning or igniting a substance and inhaling the smoke or
70	70	heating a substance and inhaling the resulting vapor or aerosol.
71	71	SECTION 8. Section 411.110(a), Government Code, is amended
72	72	to read as follows:
73	73	(a) The Department of State Health Services and the Health
74	74	and Human Services Commission are entitled to obtain criminal
75	75	history record information as provided by Subsection (a-1) that
76	76	relates to a person who is:
77	77	(1) an applicant for a license or certificate under
78	78	Chapter 773, Health and Safety Code, an owner or manager of an
79	79	applicant for an emergency medical services provider license under
80	80	that chapter, or the holder of a license or certificate under that
81	81	chapter;
82	82	(2) an applicant for a license or a license holder
83	83	under Subchapter I, L, or N, Chapter 431, Health and Safety Code;
84	84	(3) an applicant for employment at or current employee
85	85	of:
86	86	(A) a public health hospital as defined by
87	87	Section 13.033, Health and Safety Code; or
88	88	(B) the South Texas Health Care System;
89	89	(4) an applicant for employment at, current employee
90	90	of, or person who contracts or may contract to provide goods or
91	91	services with the Council on Sex Offender Treatment or other
92	92	division or component of the Health and Human Services Commission
93	93	that monitors sexually violent predators as described by Section
94	94	841.003(a), Health and Safety Code; or
95	95	(5) authorized to access vital records or the vital
96	96	records electronic registration system under Chapter 191, Health
97	97	and Safety Code, including an employee of or contractor for the
98	98	Department of State Health Services, a local registrar, a medical
99	99	professional, or a funeral director[; or
100	100	[(6) an applicant for a license or a license holder
101	101	under Subchapter C, Chapter 443, Health and Safety Code].
102	102	SECTION 9. Section 431.043, Health and Safety Code, is
103	103	amended to read as follows:
104	104	Sec. 431.043. ACCESS TO RECORDS. A person who is required
105	105	to maintain records under this chapter or Section 519 or 520(g) of
106	106	the federal Act or a person who is in charge or custody of those
107	107	records shall, at the request of the department or a health
108	108	authority, permit the department or health authority at all
109	109	reasonable times access to and to copy and verify the records[,
110	110	including records that verify that the hemp in a consumable hemp
111	111	product was produced in accordance with Chapter 122, Agriculture
112	112	Code, or 7 U.S.C. Chapter 38, Subchapter VII].
113	113	SECTION 10. Section 60.002, Occupations Code, is amended to
114	114	read as follows:
115	115	Sec. 60.002. REQUIREMENTS FOR DIGITAL LICENSES. (a) In
116	116	this section, "QR code" means a quick response machine-readable
117	117	code that can be read by a camera, consisting of an array of black
118	118	and white squares used for storing information or directing or
119	119	leading a user to additional information.
120	120	(b) A licensing authority that issues an occupational
121	121	license may issue a digital license to a license holder. If the
122	122	licensing authority issues a digital license, the digital license
123	123	must comply with the following requirements:
124	124	(1) the digital license must be in a secure format and
125	125	readily accessible by the license holder through an Internet
126	126	website and on a wireless communication device;
127	127	(2) the public must be able to view a license holder's
128	128	digital license through an Internet website or by using a QR code
129	129	[as defined by Section 443.001, Health and Safety Code]; and
130	130	(3) if the authority contracts with a vendor for the
131	131	issuance of a digital license, the digital license must be in a
132	132	format in which the vendor and authority can verify the validity of
133	133	the license.
134	134	SECTION 11. The following provisions of the Health and
135	135	Safety Code are repealed:
136	136	(1) Section 431.011;
137	137	(2) Section 431.2211(a-3);
138	138	(3) the heading to Subchapter A, Chapter 443;
139	139	(4) Sections 443.001(2), (3), (4), (6), (7), (8), (9),
140	140	(10), and (11);
141	141	(5) Sections 443.002, 443.003, and 443.004; and
142	142	(6) Subchapters B, C, D, and E, Chapter 443.
143	143	SECTION 12. This Act takes effect September 1, 2025.