| 1 | 1 | | 89R15179 LHC-F |
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| 2 | 2 | | By: Perry S.B. No. 2142 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the creation of the consumable hemp products account in |
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| 10 | 10 | | the general revenue fund and imposing fees for licensing |
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| 11 | 11 | | manufacturers of consumable hemp products and registering certain |
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| 12 | 12 | | retailers of consumable hemp products. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 431.011, Health and Safety Code, is |
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| 15 | 15 | | amended by adding Subsection (d) to read as follows: |
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| 16 | 16 | | (d) A penalty collected for a violation of this chapter |
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| 17 | 17 | | involving a consumable hemp product shall be deposited to the |
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| 18 | 18 | | credit of the consumable hemp products account established by |
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| 19 | 19 | | Section 443.005. |
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| 20 | 20 | | SECTION 2. Subchapter A, Chapter 443, Health and Safety |
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| 21 | 21 | | Code, is amended by adding Section 443.005 to read as follows: |
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| 22 | 22 | | Sec. 443.005. CONSUMABLE HEMP PRODUCTS ACCOUNT. (a) The |
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| 23 | 23 | | consumable hemp products account is an account in the general |
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| 24 | 24 | | revenue fund administered by the department. |
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| 25 | 25 | | (b) The account consists of: |
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| 26 | 26 | | (1) appropriations of money to the account by the |
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| 27 | 27 | | legislature; |
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| 28 | 28 | | (2) public or private gifts, grants, or donations, |
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| 29 | 29 | | including federal funds, received for the account; |
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| 30 | 30 | | (3) fees collected under this chapter; |
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| 31 | 31 | | (4) penalties for a violation of: |
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| 32 | 32 | | (A) this chapter; or |
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| 33 | 33 | | (B) Chapter 431, if the violation related to a |
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| 34 | 34 | | consumable hemp product; |
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| 35 | 35 | | (5) interest and income earned on the investment of |
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| 36 | 36 | | money in the account; and |
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| 37 | 37 | | (6) money from any other source deposited in the |
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| 38 | 38 | | account. |
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| 39 | 39 | | (c) The department may accept appropriations and gifts, |
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| 40 | 40 | | grants, or donations from any source to administer and enforce: |
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| 41 | 41 | | (1) this chapter; and |
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| 42 | 42 | | (2) provisions of Chapter 431 relating to a consumable |
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| 43 | 43 | | hemp product. |
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| 44 | 44 | | (d) Money received under Subsection (c) shall be deposited |
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| 45 | 45 | | in the account. |
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| 46 | 46 | | (e) Money in the account may be appropriated only to the |
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| 47 | 47 | | department for the administration and enforcement of: |
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| 48 | 48 | | (1) this chapter; and |
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| 49 | 49 | | (2) provisions of Chapter 431 relating to a consumable |
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| 50 | 50 | | hemp product. |
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| 51 | 51 | | SECTION 3. Subchapter C, Chapter 443, Health and Safety |
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| 52 | 52 | | Code, is amended by adding Section 443.1035 to read as follows: |
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| 53 | 53 | | Sec. 443.1035. LICENSING FEES. (a) An applicant for a |
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| 54 | 54 | | license under this subchapter shall pay an initial licensing fee to |
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| 55 | 55 | | the department in the amount of $10,000 for each location where the |
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| 56 | 56 | | applicant intends to process hemp or manufacture a consumable hemp |
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| 57 | 57 | | product. |
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| 58 | 58 | | (b) Before the department may renew a license as provided by |
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| 59 | 59 | | Section 443.104, a license holder shall pay a renewal fee to the |
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| 60 | 60 | | department in the amount of $10,000 for each location where the |
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| 61 | 61 | | applicant intends to process hemp or manufacture a consumable hemp |
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| 62 | 62 | | product. |
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| 63 | 63 | | SECTION 4. Section 443.2025(f), Health and Safety Code, is |
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| 64 | 64 | | amended to read as follows: |
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| 65 | 65 | | (f) The owner of a location at which consumable hemp |
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| 66 | 66 | | products containing cannabidiol are sold shall annually pay to the |
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| 67 | 67 | | department a registration fee in the amount of $20,000 for each |
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| 68 | 68 | | location owned by the person at which those products are sold [The |
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| 69 | 69 | | department by rule may adopt a registration fee schedule that |
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| 70 | 70 | | establishes reasonable fee amounts for the registration of: |
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| 71 | 71 | | [(1) a single location at which consumable hemp |
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| 72 | 72 | | products containing cannabidiol are sold; and |
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| 73 | 73 | | [(2) multiple locations at which consumable hemp |
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| 74 | 74 | | products containing cannabidiol are sold under a single |
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| 75 | 75 | | registration]. |
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| 76 | 76 | | SECTION 5. This Act takes effect immediately if it receives |
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| 77 | 77 | | a vote of two-thirds of all the members elected to each house, as |
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| 78 | 78 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 79 | 79 | | Act does not receive the vote necessary for immediate effect, this |
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| 80 | 80 | | Act takes effect September 1, 2025. |
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