Texas 2025 - 89th Regular

Texas Senate Bill SB3 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Perry, et al. S.B. No. 3
	1	+	By: Perry, Campbell, Hagenbuch S.B. No. 3
	2	+	(In the Senate - Filed February 20, 2025;
	3	+	February 24, 2025, read first time and referred to Committee on
	4	+	State Affairs; March 13, 2025, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 10, Nays 0;
	6	+	March 13, 2025, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 3 By: Hughes
2	9
3	10
4	11
5	12
6	13		A BILL TO BE ENTITLED
7	14		AN ACT
8	15		relating to the regulation of consumable hemp products and the
9	16		hemp-derived cannabinoids contained in those products; requiring a
10	17		registration; imposing fees; creating criminal offenses; providing
11	18		an administrative penalty.
12	19		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	20		SECTION 1. Section 443.001, Health and Safety Code, is
14	21		amended by amending Subdivision (1) and adding Subdivision (8-a) to
15	22		read as follows:
16	23		(1) "Consumable hemp product" means food, a drug, a
17	24		device, or a cosmetic, as those terms are defined by Section
18	25		431.002, that contains hemp or one or more hemp-derived
19	26		cannabinoids, including cannabidiol or cannabigerol.
20	27		(8-a) "Minor" means a person under 21 years of age.
21	28		SECTION 2. Subchapter A, Chapter 443, Health and Safety
22	29		Code, is amended by adding Section 443.0025 to read as follows:
23	30		Sec. 443.0025. LOW-THC CANNABIS. This chapter does not
24	31		apply to low-THC cannabis regulated under Chapter 487.
25	32		SECTION 3. Subchapter C, Chapter 443, Health and Safety
26	33		Code, is amended by adding Section 443.1035 to read as follows:
27	34		Sec. 443.1035. LICENSING FEES. (a) An applicant for a
28	35		license under this subchapter shall pay an initial licensing fee to
29	36		the department in the amount of $10,000 for each location where the
30	37		applicant intends to process hemp or manufacture a consumable hemp
31	38		product.
32	39		(b) Before the department may renew a license as provided by
33	40		Section 443.104, a license holder shall pay a renewal fee to the
34	41		department in the amount of $10,000 for each location where the
35	42		applicant intends to process hemp or manufacture a consumable hemp
36	43		product.
37	44		SECTION 4. Section 443.104(b), Health and Safety Code, is
38	45		amended to read as follows:
39	46		(b) The department shall renew a license if the license
40	47		holder:
41	48		(1) is not ineligible to hold the license under
42	49		Section 443.102;
43	50		(2) has not violated this chapter or a rule adopted
44	51		under this chapter;
45	52		(3) submits to the department any license renewal fee;
46	53		and
47	54		(4) [(3)] does not owe any outstanding fees to the
48	55		department.
49	56		SECTION 5. Subchapter C, Chapter 443, Health and Safety
50	57		Code, is amended by adding Section 443.106 to read as follows:
51	58		Sec. 443.106. RESTRICTION ON MANUFACTURE OF CERTAIN
52	59		CONSUMABLE HEMP PRODUCTS. A license holder may not manufacture a
53	60		consumable hemp product that contains any amount of a cannabinoid
54	61		other than cannabidiol or cannabigerol.
55		-	SECTION 6. Section 443.151, Health and Safety Code, is
56		-	amended by amending Subsections (a), (b), and (d) and adding
57		-	Subsections (d-1) and (d-2) to read as follows:
	62	+	SECTION 6. Sections 443.151(a), (b), and (d), Health and
	63	+	Safety Code, are amended to read as follows:
58	64		(a) A consumable hemp product must be tested as provided
59	65		by[:
60	66		[(1)] Subsections (b), [and] (c), and[; or
61	67		[(2) Subsection] (d).
62	68		(b) Before a hemp plant is processed or otherwise used in
63	69		the manufacture of a consumable hemp product, a sample representing
64	70		the plant must be tested, as required by the executive
65	71		commissioner, to determine:
66	72		(1) the concentration and identity of the [various]
67	73		cannabinoids in the plant; and
68	74		(2) the presence or quantity of heavy metals,
69	75		pesticides, microbial contamination, and any other substance
70	76		prescribed by the department.
71	77		(d) Before [Except as otherwise provided by Subsection (e),
72	78		before] a consumable hemp product is sold at retail or otherwise
73	79		introduced into commerce in this state, a sample representing the
74	80		hemp product must be tested:
75		-	(1) by a laboratory that is:
76		-	(A) located in this state;
77		-	(B) registered with the United States Drug
78		-	Enforcement Administration; and
79		-	(C) accredited by an accreditation body in
80		-	accordance with International Organization for Standardization
81		-	ISO/IEC 17025 or a comparable or successor standard to determine
82		-	the identity and [delta-9 tetrahydrocannabinol] concentration of
83		-	any cannabinoids contained in the product; and
	81	+	(1) by a laboratory that is accredited by an
	82	+	accreditation body in accordance with International Organization
	83	+	for Standardization ISO/IEC 17025 or a comparable or successor
	84	+	standard to determine the identity and [delta-9
	85	+	tetrahydrocannabinol] concentration of any cannabinoids contained
	86	+	in the product; and
84	87		(2) by an appropriate laboratory to determine that the
85	88		product does not contain a substance described by Subsection (b)(2)
86	89		[(b)] or (c) in a quantity prohibited for purposes of those
87	90		subsections.
88		-	(d-1) The testing required under Subsection (d) must use
89		-	post-decarboxylation, high-performance liquid chromatography, or a
90		-	similar method that includes the conversion of
91		-	tetrahydrocannabolic acid into tetrahydrocannabinol to determine
92		-	the total tetrahydrocannabinol concentration in a tested product.
93		-	(d-2) A person that tests a consumable hemp product under
94		-	Subsection (d) shall report the test results to the department in
95		-	the form and manner required by the department.
96	91		SECTION 7. Sections 443.152(a) and (c), Health and Safety
97	92		Code, are amended to read as follows:
98	93		(a) A consumable hemp product that contains any amount of a
99	94		cannabinoid other than cannabidiol or cannabigerol [has a delta-9
100	95		tetrahydrocannabinol concentration of more than 0.3 percent] may
101	96		not be sold at retail or otherwise introduced into commerce in this
102	97		state.
103	98		(c) A license holder shall make available to a seller of a
104	99		consumable hemp product processed or manufactured by the license
105	100		holder the results of testing required by Section 443.151. The
106	101		results may accompany a shipment to the seller or be made available
107	102		to the seller electronically. If the results are not able to be
108	103		made available, the seller may have the testing required under
109	104		Section 443.151 performed on the product and shall make the results
110	105		available to a consumer and the department.
111	106		SECTION 8. Sections 443.202(b) and (c), Health and Safety
112	107		Code, are amended to read as follows:
113	108		(b) Notwithstanding any other law, a person may not sell,
114	109		offer for sale, possess, distribute, or transport a cannabinoid
115	110		oil[, including cannabidiol oil,] in this state:
116	111		(1) if the oil contains any material extracted or
117	112		derived from the plant Cannabis sativa L., other than from hemp
118	113		produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII;
119	114		and
120	115		(2) unless a sample representing the oil has been
121	116		tested by a laboratory that is accredited by an independent
122	117		accreditation body in accordance with International Organization
123	118		for Standardization ISO/IEC 17025 or a comparable or successor
124	119		standard and found to not contain any amount of a cannabinoid other
125	120		than cannabidiol or cannabigerol [have a delta-9
126	121		tetrahydrocannabinol concentration of not more than 0.3 percent].
127	122		(c) The department [and the Department of Public Safety]
128	123		shall establish a process for the [random] testing of cannabinoid
129	124		oil[, including cannabidiol oil,] at various retail and other
130	125		establishments that sell, offer for sale, distribute, or use the
131	126		oil to ensure that the oil:
132	127		(1) does not contain harmful ingredients;
133	128		(2) is produced in compliance with 7 U.S.C. Chapter
134	129		38, Subchapter VII; and
135	130		(3) does not contain any amount of a cannabinoid other
136	131		than cannabidiol or cannabigerol [has a delta-9
137	132		tetrahydrocannabinol concentration of not more than 0.3 percent].
138	133		SECTION 9. The heading to Section 443.2025, Health and
139	134		Safety Code, is amended to read as follows:
140	135		Sec. 443.2025. REGISTRATION REQUIRED FOR RETAILERS OF
141	136		CERTAIN CONSUMABLE HEMP PRODUCTS.
142	137		SECTION 10. Section 443.2025, Health and Safety Code, is
143		-	amended by amending Subsections (b), (d), and (f) and adding
	138	+	amended by amending Subsections (b), (d), (f), and (g) and adding
144	139		Subsections (h) and (i) to read as follows:
145	140		(b) A person may not sell consumable hemp products
146	141		containing a cannabinoid [cannabidiol] at retail in this state
147	142		unless the person registers with the department each location
148	143		owned, operated, or controlled by the person at which those
149	144		products are sold. A person is not required to register a location
150	145		associated with an employee [or independent contractor] described
151	146		by Subsection (d).
152	147		(d) A person is not required to register with the department
153	148		under Subsection (b) if the person is[:
154	149		[(1)] an employee of a registrant[; or
155	150		[(2) an independent contractor of a registrant who
156	151		sells the registrant's products at retail].
157	152		(f) The owner of a location at which consumable hemp
158	153		products are sold shall annually pay to the department a
159	154		registration fee in the amount of $20,000 for each location owned by
160	155		the person at which those products are sold [The department by rule
161	156		may adopt a registration fee schedule that establishes reasonable
162	157		fee amounts for the registration of:
163	158		[(1) a single location at which consumable hemp
164	159		products containing cannabidiol are sold; and
165	160		[(2) multiple locations at which consumable hemp
166	161		products containing cannabidiol are sold under a single
167	162		registration].
	163	+	(g) The department shall adopt rules to:
	164	+	(1) implement and administer this section; and
	165	+	(2) require a person required to register under this
	166	+	section to provide to the department information regarding the type
	167	+	and concentration of each cannabinoid present in each consumable
	168	+	hemp product offered for sale by the person.
168	169		(h) The department shall provide to the Department of Public
169	170		Safety the information provided to the department under Subsection
170	171		(g)(2).
171	172		(i) A person may not sell consumable hemp products unless
172	173		the person has provided to the department written consent from the
173	174		person or the property owner, if the person is not the property
174	175		owner, allowing the department, the Department of Public Safety,
175	176		and any other state or local law enforcement agency to enter onto
176	177		all premises where consumable hemp products are sold to conduct a
177	178		physical inspection or to ensure compliance with this chapter and
178	179		rules adopted under this chapter.
179		-	SECTION 11. Subchapter E, Chapter 443, Health and Safety
180		-	Code, is amended by adding Section 443.2026 to read as follows:
181		-	Sec. 443.2026. CONSUMABLE HEMP PRODUCT REGISTRATION. (a)
182		-	A consumable hemp product may not be offered for sale in this state
183		-	unless the manufacturer of the product, before selling the product
184		-	to a retailer:
185		-	(1) submits an application for the consumable hemp
186		-	product to be registered with the department; and
187		-	(2) receives approval that the product is compliant
188		-	with this chapter, registered, and approved for sale in this state.
189		-	(b) The department shall issue a unique product
190		-	registration number to each consumable hemp product approved by the
191		-	department.
192		-	(c) A manufacturer applying to register a consumable hemp
193		-	product under this section shall pay an application fee to the
194		-	department in the amount of $500 for each consumable hemp product.
195		-	(d) The department shall maintain an updated product
196		-	registration list on the department's public Internet website,
197		-	which must include front and back identifying pictures of each
198		-	registered product.
199		-	(e) Each consumable hemp product, including the container
200		-	and package, if applicable, must be labeled with:
201		-	(1) a QR code that links:
202		-	(A) to the department's product registration
203		-	list under Subsection (d); and
204		-	(B) to the identifying picture of the product
205		-	provided on registration of the product with the department under
206		-	Subsection (d) for the purpose of confirming registration of the
207		-	product and allowing verification of the product by law
208		-	enforcement; and
209		-	(2) the following message placed adjacent to the
210		-	required QR code on the label: "SCAN QR CODE BEFORE PURCHASE".
211		-	(f) The department may not approve for sale a consumable
212		-	hemp product that:
213		-	(1) contains any artificial or synthetic
214		-	cannabinoids; or
215		-	(2) contains or is mixed with any alcohol, tobacco,
216		-	nicotine, kratom, kava, mushrooms, or a derivative of any of those
217		-	items.
218		-	(g) A person commits an offense if the person distributes,
219		-	delivers, sells, purchases, possesses, or uses a consumable hemp
220		-	product that is not registered with the department as provided by
221		-	this section.
222		-	(h) An offense under this section is a Class B misdemeanor.
223		-	(i) A person is presumed to know a consumable hemp product
224		-	is prohibited under this chapter if the product is not listed on the
225		-	department's Internet website as required by Subsection (d) or does
226		-	not have a valid QR code under Subsection (e).
227		-	(j) The executive commissioner shall adopt rules to
228		-	implement and administer this section.
229		-	SECTION 12. Section 443.203, Health and Safety Code, is
	180	+	SECTION 11. Section 443.203, Health and Safety Code, is
230	181		amended to read as follows:
231	182		Sec. 443.203. DECEPTIVE TRADE PRACTICE. (a) A person who
232	183		sells, offers for sale, or distributes a consumable hemp product
233	184		[cannabinoid oil, including cannabidiol oil,] that the person
234	185		claims is processed or manufactured in compliance with this chapter
235	186		commits a false, misleading, or deceptive act or practice
236	187		actionable under Subchapter E, Chapter 17, Business & Commerce
237	188		Code, if the product [oil] is not processed or manufactured in
238	189		accordance with this chapter.
239	190		(b) A person who sells, offers for sale, or distributes a
240	191		consumable hemp product [cannabinoid oil] commits a false,
241	192		misleading, or deceptive act or practice actionable under
242	193		Subchapter E, Chapter 17, Business & Commerce Code, if [the oil]:
243	194		(1) the product contains harmful ingredients;
244	195		(2) the product is not produced in compliance with 7
245	196		U.S.C. Chapter 38, Subchapter VII; [or]
246	197		(3) the product contains any amount of a cannabinoid
247	198		other than cannabidiol or cannabigerol; or
248	199		(4) the product's packaging or advertising indicates
249	200		that the product is for medical use [has a delta-9
250	201		tetrahydrocannabinol concentration of more than 0.3 percent].
251		-	SECTION 13. Section 443.204, Health and Safety Code, is
	202	+	SECTION 12. Section 443.204, Health and Safety Code, is
252	203		amended to read as follows:
253	204		Sec. 443.204. RULES RELATED TO SALE OF CONSUMABLE HEMP
254	205		PRODUCTS. Rules adopted by the executive commissioner regulating
255	206		the sale of consumable hemp products must to the extent allowable by
256	207		federal law reflect the following principles:
257	208		(1) hemp-derived [cannabinoids, including]
258	209		cannabidiol and cannabigerol[,] are not considered controlled
259	210		substances or adulterants;
260	211		(2) products containing [one or more] hemp-derived
261	212		[cannabinoids, such as] cannabidiol or cannabigerol[,] intended
262	213		for ingestion are considered foods, not controlled substances or
263	214		adulterated products; and
264	215		(3) consumable hemp products must be packaged and
265	216		labeled in the manner provided by Section 443.205[; and
266	217		[(4) the processing or manufacturing of a consumable
267	218		hemp product for smoking is prohibited].
268		-	SECTION 14. Sections 443.205(a) and (c), Health and Safety
	219	+	SECTION 13. Sections 443.205(a) and (c), Health and Safety
269	220		Code, are amended to read as follows:
270	221		(a) Before a consumable hemp product that contains or is
271	222		marketed as containing [more than trace amounts of] cannabinoids
272	223		may be distributed or sold, the product must be:
273	224		(1) labeled in the manner provided by this subchapter,
274	225		including [section with] the following information:
275	226		(A) [(1)] batch identification number;
276	227		(B) [(2)] batch date;
277	228		(C) [(3)] product name;
278	229		(D) [(4)] a uniform resource locator (URL) that
279	230		provides or links to a certificate of analysis for the product or
280	231		each hemp-derived ingredient of the product;
281	232		(E) [(5)] the name of the product's
282	233		manufacturer;
283	234		(F) the amount of cannabidiol or cannabigerol in
284	235		each serving or unit of the product; and
285	236		(G) [(6)] a certification that there is no
286	237		detectable amount of any cannabinoid other than cannabidiol or
287	238		cannabigerol in the product; and
288	239		(2) prepackaged or placed at the time of sale in
289	240		packaging or a container that is:
290	241		(A) tamper-evident;
291	242		(B) child-resistant; and
292	243		(C) if the product contains multiple servings or
293	244		consists of multiple products purchased in one transaction,
294	245		resealable in a manner that allows the child-resistant mechanism to
295	246		remain intact [the delta-9 tetrahydrocannabinol concentration of
296	247		the product or each hemp-derived ingredient of the product is not
297	248		more than 0.3 percent].
298	249		(c) The label required by Subsection (a) must appear on the
299	250		outer packaging of each unit of the product intended for individual
300	251		retail sale. [If that unit includes inner and outer packaging, the
301	252		label may appear on any of that packaging.]
302		-	SECTION 15. Subchapter E, Chapter 443, Health and Safety
	253	+	SECTION 14. Subchapter E, Chapter 443, Health and Safety
303	254		Code, is amended by adding Sections 443.2055 and 443.2056 to read as
304	255		follows:
305	256		Sec. 443.2055. OFFENSE: MARKETING OF CONSUMABLE HEMP
306	257		PRODUCT OR PACKAGING IN MANNER ATTRACTIVE TO MINORS. (a) A person
307	258		commits an offense if the person markets, advertises, sells, or
308	259		causes to be sold an edible consumable hemp product containing a
309	260		hemp-derived cannabinoid that:
310	261		(1) is in the shape of a human, animal, fruit, or
311	262		cartoon or in another shape that is attractive to children; or
312	263		(2) is in packaging or a container that:
313	264		(A) is in the shape of a human, animal, fruit, or
314	265		cartoon or in another shape that is attractive to children;
315	266		(B) depicts an image of a human, animal, fruit,
316	267		or cartoon or another image that is attractive to children;
317	268		(C) imitates or mimics trademarks or trade dress
318	269		of products that are or have been primarily marketed to minors;
319	270		(D) includes a symbol that is primarily used to
320	271		market products to minors;
321	272		(E) includes an image of a celebrity; or
322	273		(F) includes an image that resembles a food
323	274		product, including candy or juice.
324	275		(b) In this section, a cartoon includes a depiction of an
325	276		object, person, animal, creature, or any similar caricature that:
326	277		(1) uses comically exaggerated features and
327	278		attributes;
328	279		(2) assigns human characteristics to animals, plants,
329	280		or other objects; or
330	281		(3) has unnatural or extra-human abilities, such as
331	282		imperviousness to pain or injury, x-ray vision, tunneling at very
332	283		high speeds, or transformation.
333	284		(c) An offense under this section is a Class A misdemeanor.
334	285		Sec. 443.2056. OFFENSE: MISLEADING CONSUMABLE HEMP
335	286		PACKAGING. (a) A person commits an offense if the person sells or
336	287		offers for sale a consumable hemp product that contains or is
337	288		marketed as containing hemp-derived cannabinoids in a package that
338	289		depicts any statement, artwork, or design that would likely mislead
339	290		a person to believe:
340	291		(1) the package does not contain a hemp-derived
341	292		cannabinoid; or
342	293		(2) the product is intended for medical use, including
343	294		by depicting a green cross.
344	295		(b) An offense under this section is a Class A misdemeanor.
345		-	SECTION 16. Section 443.206, Health and Safety Code, is
	296	+	SECTION 15. Section 443.206, Health and Safety Code, is
346	297		amended to read as follows:
347	298		Sec. 443.206. RETAIL SALE OF OUT-OF-STATE CONSUMABLE HEMP
348	299		PRODUCTS. Retail sales of consumable hemp products processed or
349	300		manufactured outside of this state may be made in this state when
350	301		the products were processed or manufactured in another state or
351	302		jurisdiction if the products:
352	303		(1) were manufactured or processed in compliance with:
353	304		(A) [(1)] that state's [state] or jurisdiction's
354	305		plan approved by the United States Department of Agriculture under
355	306		7 U.S.C. Section 1639p;
356	307		(B) [(2)] a plan established under 7 U.S.C.
357	308		Section 1639q if that plan applies to the state or jurisdiction; or
358	309		(C) [(3)] the laws of that state or jurisdiction
359	310		if the products are tested in accordance with, or in a manner
360	311		similar to, Section 443.151;
361	312		(2) do not contain any amount of a cannabinoid other
362	313		than cannabidiol or cannabigerol; and
363	314		(3) are packaged and labeled in the manner provided by
364	315		this subchapter.
365		-	SECTION 17. Chapter 443, Health and Safety Code, is amended
	316	+	SECTION 16. Chapter 443, Health and Safety Code, is amended
366	317		by adding Subchapters F and G to read as follows:
367	318		SUBCHAPTER F. CRIMINAL OFFENSES
368	319		Sec. 443.251. OFFENSE: MANUFACTURE, DELIVERY, OR
369	320		POSSESSION WITH INTENT TO DELIVER OF CERTAIN CONSUMABLE HEMP
370	321		PRODUCTS. (a) A person commits an offense if the person knowingly
371	322		manufactures, delivers, or possesses with intent to deliver a
372	323		consumable hemp product that contains any amount of a cannabinoid
373	324		other than cannabidiol or cannabigerol.
374	325		(b) An offense under this section is a felony of the third
375	326		degree.
376	327		(c) If conduct constituting an offense under this section
377	328		also constitutes an offense under another law, the actor may be
378	329		prosecuted under this section, the other law, or both.
379	330		Sec. 443.252. OFFENSE: POSSESSION OF CERTAIN CONSUMABLE
380	331		HEMP PRODUCTS. (a) A person commits an offense if the person
381	332		knowingly or intentionally possesses a consumable hemp product that
382	333		contains any amount of a cannabinoid other than cannabidiol or
383	334		cannabigerol.
384	335		(b) An offense under this section is a Class A misdemeanor.
385	336		(c) If conduct constituting an offense under this section
386	337		also constitutes an offense under another law, the actor may be
387	338		prosecuted under this section, the other law, or both.
388	339		Sec. 443.253. OFFENSE: SALE OR DISTRIBUTION OF CERTAIN
389	340		CONSUMABLE HEMP PRODUCTS TO PERSONS YOUNGER THAN 21 YEARS OF AGE;
390	341		PROOF OF AGE REQUIRED. (a) A person commits an offense if the
391	342		person, with criminal negligence, sells a consumable hemp product
392	343		that contains or is marketed as containing hemp-derived
393	344		cannabinoids to a person who is younger than 21 years of age.
394	345		(b) An employee of the owner of a store in which consumable
395	346		hemp products that contain or are marketed as containing
396	347		hemp-derived cannabinoids are sold at retail is criminally
397	348		responsible and subject to prosecution for an offense under this
398	349		section that occurs in connection with a sale by the employee.
399	350		(c) An offense under this section is a Class A misdemeanor.
400	351		(d) It is a defense to prosecution under Subsection (a) that
401	352		the person to whom the consumable hemp product was sold presented to
402	353		the defendant apparently valid proof of identification.
403	354		(e) A proof of identification satisfies the requirements of
404	355		Subsection (d) if it contains a physical description and photograph
405	356		consistent with the person's appearance, purports to establish that
406	357		the person is 21 years of age or older, and was issued by a
407	358		governmental agency. The proof of identification may include a
408	359		driver's license issued by this state or another state, a passport,
409	360		or an identification card issued by a state or the federal
410	361		government.
411	362		(f) The owner of a store in which consumable hemp products
412	363		that contain or are marketed as containing hemp-derived
413	364		cannabinoids are sold, or an employee of the owner, may not display
414	365		consumable hemp products for sale adjacent to products that are
415	366		legal for children to consume.
416	367		Sec. 443.254. OFFENSE: MANUFACTURE, DISTRIBUTION, OR SALE
417	368		OF CONSUMABLE HEMP PRODUCTS FOR SMOKING. (a) A person commits an
418	369		offense if the person manufactures, distributes, sells, or offers
419	370		for sale a consumable hemp product for smoking.
420	371		(b) An offense under this section is a Class B misdemeanor.
421	372		Sec. 443.255. OFFENSE: SALE OR DELIVERY OF CERTAIN
422	373		CONSUMABLE HEMP PRODUCTS NEAR SCHOOL. (a) In this section,
423	374		"school" and "premises" have the meanings assigned by Section
424	375		481.134.
425	376		(b) A person commits an offense if the person sells, offers
426	377		for sale, or delivers a consumable hemp product containing a
427	378		hemp-derived cannabinoid in, on, or within 1,000 feet of the
428	379		premises of a school.
429	380		(c) An offense under this section is a Class B misdemeanor.
430	381		Sec. 443.256. OFFENSE: PROVISION OF CERTAIN CONSUMABLE HEMP
431	382		PRODUCT BY COURIER, DELIVERY, OR MAIL SERVICE. (a) A person
432	383		commits an offense if the person provides a consumable hemp product
433	384		containing a hemp-derived cannabinoid by courier, delivery, or mail
434	385		service.
435	386		(b) An offense under this section is a Class A misdemeanor.
436	387		Sec. 443.257. OFFENSE: FALSE LABORATORY REPORT. (a) A
437	388		person commits an offense if the person, with the intent to deceive,
438	389		forges, falsifies, or alters the results of a laboratory test
439	390		authorized or required by this chapter.
440	391		(b) An offense under this section is a felony of the third
441	392		degree.
442		-	Sec. 443.258. OFFENSE: MANUFACTURING OR SELLING WITHOUT
443		-	LICENSE OR REGISTRATION. (a) A person commits an offense if the
444		-	person:
445		-	(1) processes hemp or manufactures a consumable hemp
446		-	product without a license issued under Subchapter C; or
447		-	(2) sells at retail or offers for sale at retail a
448		-	consumable hemp product without registering as a retailer under
449		-	Section 443.2025.
450		-	(b) An offense under this section is a felony of the third
451		-	degree.
452	393		SUBCHAPTER G. ADMINISTRATIVE ENFORCEMENT
453	394		Sec. 443.301. ENFORCEMENT BY DEPARTMENT. (a) The
454	395		department shall receive and investigate complaints concerning
455	396		violations of this chapter by:
456	397		(1) a license holder under Subchapter C; or
457	398		(2) a registrant under Section 443.2025.
458	399		(b) The department may revoke, suspend, or refuse to renew a
459	400		license or registration for a violation of this chapter or a rule
460	401		adopted under this chapter.
461	402		(c) The department may impose an administrative penalty in
462	403		an amount not to exceed $10,000 against a license holder or
463	404		registrant for each violation of this chapter or a rule adopted
464	405		under this chapter.
465	406		(d) A proceeding under this section is a contested case
466	407		under Chapter 2001, Government Code.
467		-	SECTION 18. The following provisions of the Health and
	408	+	SECTION 17. The following provisions of the Health and
468	409		Safety Code are repealed:
469	410		(1) Section 443.151(e);
470	411		(2) Section 443.201; and
471	412		(3) Sections 443.202(a) and 443.2025(a) and (c).
472		-	SECTION 19. Not later than December 1, 2025, the executive
473		-	commissioner of the Health and Human Services Commission shall
474		-	adopt the rules required by Section 443.2026, Health and Safety
475		-	Code, as added by this Act.
476		-	SECTION 20. (a) Except as otherwise provided by Subsection
	413	+	SECTION 18. Not later than December 1, 2025, the Department
	414	+	of State Health Services shall adopt the rules required by Section
	415	+	443.2025(g), Health and Safety Code, as amended by this Act.
	416	+	SECTION 19. (a) Except as otherwise provided by Subsection
477	417		(b) of this section, the changes in law made by this Act apply to the
478	418		manufacture, sale, delivery, or possession of a consumable hemp
479	419		product that occurs on or after the effective date of this Act. The
480	420		manufacture, sale, delivery, or possession of a consumable hemp
481	421		product that occurs before the effective date of this Act is
482	422		governed by the law in effect on the date the manufacture, sale,
483	423		delivery, or possession occurred and the former law is continued in
484	424		effect for that purpose.
485	425		(b) A person selling consumable hemp products on the
486		-	effective date of this Act is not required to register a product
487		-	under Section 443.2026, Health and Safety Code, as added by this
488		-	Act, before January 1, 2026.
489		-	SECTION 21. This Act takes effect September 1, 2025.
	426	+	effective date of this Act is not required to register under Section
	427	+	443.2025, Health and Safety Code, as amended by this Act, before
	428	+	January 1, 2026.
	429	+	SECTION 20. This Act takes effect September 1, 2025.
	430	+	* * * * *