89R15179 LHC-F
By: Perry S.B. No. 2142
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the consumable hemp products account in
the general revenue fund and imposing fees for licensing
manufacturers of consumable hemp products and registering certain
retailers of consumable hemp products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 431.011, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) A penalty collected for a violation of this chapter
involving a consumable hemp product shall be deposited to the
credit of the consumable hemp products account established by
Section 443.005.
SECTION 2. Subchapter A, Chapter 443, Health and Safety
Code, is amended by adding Section 443.005 to read as follows:
Sec. 443.005. CONSUMABLE HEMP PRODUCTS ACCOUNT. (a) The
consumable hemp products account is an account in the general
revenue fund administered by the department.
(b) The account consists of:
(1) appropriations of money to the account by the
legislature;
(2) public or private gifts, grants, or donations,
including federal funds, received for the account;
(3) fees collected under this chapter;
(4) penalties for a violation of:
(A) this chapter; or
(B) Chapter 431, if the violation related to a
consumable hemp product;
(5) interest and income earned on the investment of
money in the account; and
(6) money from any other source deposited in the
account.
(c) The department may accept appropriations and gifts,
grants, or donations from any source to administer and enforce:
(1) this chapter; and
(2) provisions of Chapter 431 relating to a consumable
hemp product.
(d) Money received under Subsection (c) shall be deposited
in the account.
(e) Money in the account may be appropriated only to the
department for the administration and enforcement of:
(1) this chapter; and
(2) provisions of Chapter 431 relating to a consumable
hemp product.
SECTION 3. Subchapter C, Chapter 443, Health and Safety
Code, is amended by adding Section 443.1035 to read as follows:
Sec. 443.1035. LICENSING FEES. (a) An applicant for a
license under this subchapter shall pay an initial licensing fee to
the department in the amount of $10,000 for each location where the
applicant intends to process hemp or manufacture a consumable hemp
product.
(b) Before the department may renew a license as provided by
Section 443.104, a license holder shall pay a renewal fee to the
department in the amount of $10,000 for each location where the
applicant intends to process hemp or manufacture a consumable hemp
product.
SECTION 4. Section 443.2025(f), Health and Safety Code, is
amended to read as follows:
(f) The owner of a location at which consumable hemp
products containing cannabidiol are sold shall annually pay to the
department a registration fee in the amount of $20,000 for each
location owned by the person at which those products are sold [The
department by rule may adopt a registration fee schedule that
establishes reasonable fee amounts for the registration of:
[(1) a single location at which consumable hemp
products containing cannabidiol are sold; and
[(2) multiple locations at which consumable hemp
products containing cannabidiol are sold under a single
registration].
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.