Bill Text: TX HB1657 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the production and regulation of hemp.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-01 - Left pending in committee [HB1657 Detail]
Download: Texas-2019-HB1657-Introduced.html
86R6357 TSR-D | ||
By: Gutierrez | H.B. No. 1657 |
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relating to the production and regulation of hemp. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subtitle E, Title 5, Agriculture | ||
Code, is amended to read as follows: | ||
SUBTITLE E. PRODUCTION, PROCESSING, AND SALE OF FIBER PRODUCTS | ||
SECTION 2. Subtitle E, Title 5, Agriculture Code, is | ||
amended by adding Chapter 112 to read as follows: | ||
CHAPTER 112. STATE HEMP PRODUCTION PLAN | ||
Sec. 112.001. DEFINITION. In this chapter, "hemp" means | ||
the plant Cannabis sativa L. and any part of that plant, including | ||
the seeds of the plant and all derivatives, extracts, cannabinoids, | ||
isomers, acids, salts, and salts of isomers, whether growing or | ||
not, with a delta-9 tetrahydrocannabinol concentration of not more | ||
than 0.3 percent on a dry weight basis. | ||
Sec. 112.002. LEGISLATIVE INTENT. It is the intent of the | ||
legislature that this state have primary regulatory authority over | ||
the production of hemp in this state. | ||
Sec. 112.003. DEPARTMENT RULES. (a) The department, after | ||
consulting with the governor and attorney general, shall adopt | ||
rules providing: | ||
(1) a practice to maintain relevant information | ||
regarding land on which hemp is produced in this state, including a | ||
legal description of the land, for a period of at least three | ||
calendar years; | ||
(2) a procedure for testing, using | ||
post-decarboxylation or another similarly reliable method, the | ||
delta-9 tetrahydrocannabinol concentration of hemp produced in | ||
this state; | ||
(3) a procedure for the effective disposal of plants, | ||
whether growing or not, that are produced in violation of Subtitle | ||
G, Agricultural Marketing Act of 1946 (7 U.S.C. Chapter 38, | ||
Subchapter VII), and products derived from those plants; | ||
(4) a procedure to comply with the enforcement | ||
procedures described by Section 297B(e), Agricultural Marketing | ||
Act of 1946 (7 U.S.C. Section 1639p(e)); | ||
(5) a procedure for conducting annual inspections of, | ||
at a minimum, a random sample of hemp producers to verify that hemp | ||
is not produced in violation of Subtitle G, Agricultural Marketing | ||
Act of 1946 (7 U.S.C. Chapter 38, Subchapter VII); | ||
(6) a procedure for submitting the information | ||
described in Section 297C(d)(2), Agricultural Marketing Act of 1946 | ||
(7 U.S.C. Section 1639q(d)(2)), as applicable, to the secretary of | ||
the United States Department of Agriculture not later than the 30th | ||
day after the date the information is received; and | ||
(7) standards for certifying that this state has the | ||
resources and personnel to carry out the practices and procedures | ||
described by Subdivisions (1) through (6). | ||
(b) The department shall attempt to adopt rules under | ||
Subsection (a) that will, in substance, meet the requirements for | ||
approval as a state plan under Section 297B, Agricultural Marketing | ||
Act of 1946 (7 U.S.C. Section 1639p). | ||
Sec. 112.004. SUBMISSION OF STATE PLAN. (a) The | ||
department, after consulting with the governor and attorney | ||
general, shall submit to the secretary of the United States | ||
Department of Agriculture a state plan for monitoring and | ||
regulating the production of hemp in this state as provided by | ||
Section 297B, Agricultural Marketing Act of 1946 (7 U.S.C. Section | ||
1639p). | ||
(b) The plan shall include the rules adopted under Section | ||
112.003 and any other required information. | ||
(c) If a plan submitted by the department is disapproved by | ||
the secretary of the United States Department of Agriculture, the | ||
department, after consulting with the governor and attorney | ||
general, shall amend the rules under Section 112.003 as needed to | ||
obtain approval and submit an amended plan. | ||
(d) The department shall, as necessary, seek technical | ||
assistance from the secretary of the United States Department of | ||
Agriculture in adopting rules under Section 112.003 and otherwise | ||
developing the plan. | ||
SECTION 3. Sections 481.002(5) and (26), Health and Safety | ||
Code, are amended to read as follows: | ||
(5) "Controlled substance" means a substance, | ||
including a drug, an adulterant, and a dilutant, listed in | ||
Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The | ||
term includes the aggregate weight of any mixture, solution, or | ||
other substance containing a controlled substance. The term does | ||
not include hemp, as defined by Section 112.001, Agriculture Code, | ||
or any tetrahydrocannabinols or other substances in hemp. | ||
(26) "Marihuana" means the plant Cannabis sativa L., | ||
whether growing or not, the seeds of that plant, and every compound, | ||
manufacture, salt, derivative, mixture, or preparation of that | ||
plant or its seeds. The term does not include: | ||
(A) the resin extracted from a part of the plant | ||
or a compound, manufacture, salt, derivative, mixture, or | ||
preparation of the resin; | ||
(B) the mature stalks of the plant or fiber | ||
produced from the stalks; | ||
(C) oil or cake made from the seeds of the plant; | ||
(D) a compound, manufacture, salt, derivative, | ||
mixture, or preparation of the mature stalks, fiber, oil, or cake; | ||
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(E) the sterilized seeds of the plant that are | ||
incapable of beginning germination; or | ||
(F) hemp, as that term is defined by Section | ||
112.001, Agriculture Code. | ||
SECTION 4. (a) Not later than the 90th day after the | ||
effective date of this Act, the Department of Agriculture shall | ||
adopt rules under Section 112.003, Agriculture Code, as added by | ||
this Act, and submit for approval a state plan to the secretary of | ||
the United States Department of Agriculture as provided by Section | ||
112.004, Agriculture Code, as added by this Act. | ||
(b) The Department of Agriculture shall submit amended | ||
state plans as provided by Section 112.004(c), Agriculture Code, as | ||
added by this Act, as necessary until the plan is approved. | ||
SECTION 5. The Department of Agriculture shall implement | ||
the state plan approved by the secretary of the United States | ||
Department of Agriculture not later than the 30th day after the date | ||
on which the state plan is approved. | ||
SECTION 6. 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, 2019. |