Bill Text: TX HB2563 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the establishment and duties of the Texas Medical Cannabis Council.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-11 - Referred to Public Health [HB2563 Detail]
Download: Texas-2019-HB2563-Introduced.html
86R5967 JSC-D | ||
By: Lucio III | H.B. No. 2563 |
|
||
|
||
relating to the establishment and duties of the Texas Medical | ||
Cannabis Council. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 411, Government Code, is amended by | ||
adding Subchapter Q to read as follows: | ||
SUBCHAPTER Q. TEXAS MEDICAL CANNABIS COUNCIL | ||
Sec. 411.461. DEFINITIONS. In this subchapter: | ||
(1) "Advisory committee" means the Medical Cannabis | ||
Regulation Advisory Committee. | ||
(2) "Council" means the Texas Medical Cannabis | ||
Council. | ||
(3) "Dispensing organization" and "low-THC cannabis" | ||
have the meanings assigned by Section 487.001, Health and Safety | ||
Code. | ||
(4) "Medical cannabis" means the plant Cannabis sativa | ||
L., and any part of that plant or any compound, manufacture, salt, | ||
derivative, mixture, preparation, resin, or oil of that plant, that | ||
is used for medical purposes. | ||
Sec. 411.462. RULES. The director shall adopt any rules | ||
necessary to implement this subchapter. | ||
Sec. 411.463. TEXAS MEDICAL CANNABIS COUNCIL; PURPOSES. | ||
The Texas Medical Cannabis Council is established to: | ||
(1) create and expedite innovation in the area of | ||
cannabis research; | ||
(2) enhance the potential for medical or scientific | ||
breakthroughs in cannabis medicine and the safe, secure cultivation | ||
of cannabis; | ||
(3) attract, create, or expand research capabilities | ||
of public or private institutions of higher education and other | ||
public or private entities to promote a substantial increase in | ||
cannabis research and the creation of high-quality new jobs in this | ||
state; | ||
(4) conduct a continuing study of the laws relating to | ||
cannabis and report the council's findings and recommendations on | ||
an annual basis; and | ||
(5) facilitate statewide access to safe and effective | ||
medical cannabis for residents of this state. | ||
Sec. 411.464. ADMINISTRATIVE ATTACHMENT. (a) The council | ||
is administratively attached to the department. | ||
(b) The council shall work with the department to transition | ||
to a stand-alone council. | ||
Sec. 411.465. COUNCIL MEMBERSHIP. The department, the | ||
Department of State Health Services, the comptroller of public | ||
accounts, the Department of Agriculture, the Texas Medical Board, | ||
the Texas Board of Nursing, the Texas State Board of Pharmacy, the | ||
State Board of Veterinary Medical Examiners, and the Texas | ||
Department of Licensing and Regulation shall each appoint a member | ||
to the council. | ||
Sec. 411.466. EXECUTIVE DIRECTOR. (a) The council shall | ||
hire an executive director. The executive director shall perform | ||
the duties required by this subchapter or designated by the | ||
council. | ||
(b) The executive director must have a demonstrated ability | ||
to lead and develop academic, commercial, and governmental | ||
partnerships and coalitions. | ||
Sec. 411.467. OFFICERS. (a) The executive director shall | ||
hire a chief science officer, a chief medical officer, and a chief | ||
compliance officer. | ||
(b) The chief science officer and chief medical officer | ||
shall report directly to the executive director and assist the | ||
executive director in outreach to further cannabis research and | ||
safe, effective use of cannabis for medical purposes. | ||
(c) The chief compliance officer shall monitor and report to | ||
the council, the legislature, and law enforcement regarding | ||
compliance with this subchapter and rules adopted under this | ||
subchapter. | ||
Sec. 411.468. FUNDING; GRANTS. (a) The council may accept | ||
donations for research under this subchapter. | ||
(b) The council may provide grants for: | ||
(1) research into the use of medical cannabis and | ||
health outcomes; and | ||
(2) scientific public education and outreach to | ||
educate youth on the risks of using cannabis for nonmedical | ||
purposes and without the supervision of a health care provider. | ||
Sec. 411.469. ANNUAL PUBLIC REPORT; INTERNET POSTING. Not | ||
later than January 31 of each year, the council shall submit to the | ||
lieutenant governor, the speaker of the house of representatives, | ||
the governor, and the standing advisory committee of each house of | ||
the legislature with primary jurisdiction over council matters and | ||
post on the council's Internet website a report outlining the | ||
council's activities, research accomplishments, and future program | ||
directions. The report must include: | ||
(1) the number, type, recipient, and location of | ||
licenses awarded for dispensing organizations for low-THC | ||
cannabis; | ||
(2) the amount of fees collected and the licenses on | ||
which the fees were assessed; | ||
(3) the amount of low-THC cannabis provided in | ||
accordance with Chapter 487, Health and Safety Code, and the prices | ||
charged for that cannabis; | ||
(4) the number and dollar amounts of any research and | ||
facilities grants provided by the council; | ||
(5) an assessment of the availability of funding for | ||
cannabis research; | ||
(6) a summary of findings of research funded by the | ||
council, including promising new research areas; | ||
(7) the council's administrative expenses; | ||
(8) the use of any other funding mechanism; | ||
(9) any anticipated savings in drug costs to the | ||
state's health care costs that would result from the provision of | ||
medical cannabis; | ||
(10) a statement of the council's compliance program | ||
activities, including any proposed legislation or other | ||
recommendations identified through the activities; and | ||
(11) for the previous calendar year, a list of any | ||
conflicts of interest under this subchapter or rules adopted under | ||
this subchapter or any other ethical issue identified by the | ||
council or the chief compliance officer. | ||
Sec. 411.470. INDEPENDENT FINANCIAL AUDIT FOR REVIEW BY | ||
COMPTROLLER. (a) The council shall annually commission an | ||
independent financial audit of the council's activities from a | ||
certified public accounting firm. | ||
(b) The council shall provide the audit to the comptroller. | ||
The comptroller shall review and evaluate the audit and annually | ||
issue a public report of that review. | ||
(c) The comptroller shall make recommendations concerning | ||
the council's financial practices and performance. | ||
Sec. 411.471. CANNABIS MEDICAL REGULATION ADVISORY | ||
COMMITTEE; MEMBERSHIP. (a) The Cannabis Medical Regulation | ||
Advisory Committee consists of the following members: | ||
(1) two members of the senate from different political | ||
parties, appointed by the lieutenant governor; | ||
(2) two members of the house of representatives from | ||
different political parties, appointed by the speaker of the house; | ||
and | ||
(3) the following members, appointed by the council: | ||
(A) two members of the public who support the use | ||
of cannabis for medical purposes and who are or were patients or the | ||
parent of a patient who found relief from the use of medical | ||
cannabis, at least one of whom represents the interests of persons | ||
with disabilities; | ||
(B) an expert in drug addiction and public health | ||
policy; | ||
(C) three physicians licensed in this state, | ||
including one family practitioner and one specialist in a condition | ||
for which low-THC cannabis may be prescribed under Chapter 487, | ||
Health and Safety Code; | ||
(D) a nurse licensed in this state who has | ||
experience in hospice care, nominated by a state research | ||
institution or trade association; | ||
(E) a pharmacist licensed in this state, | ||
nominated by a state research institution or trade association; | ||
(F) a scientist who has experience in the science | ||
of cannabis, nominated by a state research institution; | ||
(G) a district attorney or county attorney with | ||
criminal jurisdiction; | ||
(H) a representative of municipal law | ||
enforcement; | ||
(I) a sheriff; | ||
(J) an attorney who is knowledgeable about | ||
medical cannabis laws in the United States; | ||
(K) an individual with experience in | ||
horticulture, recommended by the Department of Agriculture; | ||
(L) an expert in laboratory sciences and | ||
toxicology; and | ||
(M) a member of the public with demonstrated | ||
expertise and credentials in public health policy. | ||
(b) The advisory committee shall appoint from its members a | ||
presiding officer. | ||
Sec. 411.472. DUTIES OF ADVISORY COMMITTEE. The advisory | ||
committee shall: | ||
(1) consider any matter submitted to the advisory | ||
committee by the council; | ||
(2) on its own initiative, recommend to the council | ||
guidelines and rules and any changes to guidelines and rules that | ||
the advisory committee considers important or necessary for the | ||
council's review and consideration; and | ||
(3) advise the council on legislation and proposed | ||
rules. | ||
Sec. 411.473. SUBCOMMITTEES. The presiding officer of the | ||
advisory committee may appoint subcommittees to expedite the work | ||
of the council. The presiding officer shall appoint: | ||
(1) a subcommittee on public health to develop | ||
recommendations on: | ||
(A) products; | ||
(B) labeling; | ||
(C) marketing and advertising; | ||
(D) related public health issues; | ||
(E) potency, which may include a recommended | ||
maximum limit for individual doses of medical cannabis products; | ||
and | ||
(F) packaging, which may include the development | ||
and implementation of a public health warning to appear on medical | ||
cannabis products; | ||
(2) a subcommittee on public safety and community | ||
mitigation to develop recommendations on law enforcement, | ||
property, business, and consumer issues; and | ||
(3) a subcommittee on the cannabis industry to develop | ||
recommendations on cultivation, processing, manufacturing, | ||
transportation, distribution, seed-to-sale tracking, and market | ||
stability. | ||
Sec. 411.474. COUNCIL STUDIES AND RESEARCH. The council, | ||
in consultation with the advisory committee, shall conduct studies | ||
and shall: | ||
(1) collect data on the reported health care outcomes | ||
and any adverse events in the use of medical cannabis; | ||
(2) develop educational components for health care | ||
provider education on the use of medical cannabis; | ||
(3) develop agricultural best practices for the safe | ||
cultivation of cannabis and innovations for a variety of strains of | ||
cannabis; | ||
(4) create testing protocols and objective | ||
measurements for safety; | ||
(5) develop standard packaging and labeling for | ||
medical cannabis and medical cannabis products, ensuring | ||
accessibility for users with disabilities; | ||
(6) create medical cannabis warning labels based on | ||
the latest scientific research; and | ||
(7) create recommendations for safety and | ||
identification measures to ensure that unauthorized persons do not | ||
access medical cannabis. | ||
Sec. 411.475. MEETINGS; QUORUM. (a) The advisory | ||
committee meets at the call of the presiding officer. | ||
(b) To take action at a meeting, a majority of the members of | ||
the advisory committee present and voting shall constitute a | ||
quorum. | ||
Sec. 411.476. REIMBURSEMENT. Members of the advisory | ||
committee serve without compensation but are entitled to | ||
reimbursement for travel expenses and other actual and necessary | ||
expenses incurred in the performance of official duties, as | ||
provided by the General Appropriations Act. | ||
Sec. 411.477. COUNCIL CONFLICT OF INTEREST. A person is | ||
ineligible to serve on the council if the person: | ||
(1) has a direct or indirect financial, ownership, or | ||
management interest, including ownership of any stocks, bonds, or | ||
other similar financial instruments, in any state licensed medical | ||
cannabis business; | ||
(2) is related within the second degree by | ||
consanguinity or affinity, as determined under Chapter 573, to an | ||
individual who holds a medical cannabis license in this state or in | ||
another state; | ||
(3) is an elected official of a state or local | ||
government; | ||
(4) receives or shares in, directly or indirectly, the | ||
receipts or proceeds of a medical cannabis grower, processor, or | ||
dispensing organization licensed in any state; or | ||
(5) has a beneficial interest in any contract for the | ||
manufacture or sale of medical cannabis or the provision of any | ||
independent consulting services in connection with any medical | ||
cannabis license issued by this state or another state. | ||
Sec. 411.478. ADVISORY COMMITTEE CONFLICTS OF INTEREST; | ||
DISCLOSURE. A member of the advisory committee may have an interest | ||
in a cannabis business but must disclose that interest on any | ||
application and to the council's chief compliance officer. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act: | ||
(1) the director of the Department of Public Safety | ||
shall adopt rules as necessary to implement Subchapter Q, Chapter | ||
411, Government Code, as added by this Act; and | ||
(2) the applicable state agencies shall appoint | ||
members to the Texas Medical Cannabis Council under Section | ||
411.465, Government Code, as added by this Act. | ||
SECTION 3. This Act takes effect September 1, 2019. |