Bill Text: TX HB1325 | 2019-2020 | 86th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relating to the production and regulation of hemp; requiring occupational licenses; authorizing fees; creating criminal offenses; providing civil and administrative penalties.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-06-10 - Effective immediately [HB1325 Detail]

Download: Texas-2019-HB1325-Engrossed.html

---

By: King of Uvalde, Larson, Gutierrez, H.B. No. 1325
Rodriguez, Burrows, et al.

A BILL TO BE ENTITLED
AN ACT
relating to the production and regulation of hemp and products made
from hemp; requiring authorization to produce hemp; authorizing
penalties; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Hemp Farming Act.
SECTION 2. (a) It is the policy of this state that hemp is a
viable agricultural crop and an agricultural commodity in this
state.
(b) It is the purpose of this Act to:
(1) promote cultivating and processing hemp and
develop new commercial markets for farmers and businesses through
the sale of hemp products;
(2) promote the expansion of this state's hemp
industry to the maximum extent permitted by law allowing farmers
and businesses to cultivate, handle, and process hemp and sell hemp
products for commercial purposes;
(3) encourage and empower research into hemp
production and hemp products at institutions of higher education
and in the private sector; and
(4) move this state and its citizens to the forefront
of the hemp industry.
SECTION 3. Section 12.020(c), Agriculture Code, is amended
to read as follows:
(c) The provisions of law subject to this section and the
applicable penalty amounts are as follows:
Provision Amount of Penalty
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 122, 125, 132,
and 134 not more than $5,000
Subchapters A, B, and C, Chapter 71 not more than $5,000
Chapter 14 not more than $10,000
Chapter 1951, Occupations Code not more than $5,000
Chapter 153, Natural Resources
Code not more than $5,000
Section 91.009 not more than $5,000.
SECTION 4. Title 5, Agriculture Code, is amended by adding
Subtitle F to read as follows:
SUBTITLE F. HEMP
CHAPTER 121. STATE HEMP PRODUCTION PLAN
Sec. 121.001. 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. 121.002. 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. 121.003. DEPARTMENT RULES. (a) The department, after
consulting with the governor, attorney general, and Department of
State Health Services, shall adopt rules consistent with Chapter
122 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, high-performance liquid chromatography, 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 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 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 7 U.S.C. Chapter 38, Subchapter VII;
(6) a procedure for submitting the information
described in 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 adopt rules under Subsection (a)
that will, in substance, meet the requirements for approval as a
state plan under 7 U.S.C. Section 1639p.
Sec. 121.004. MEMORANDUM OF UNDERSTANDING WITH DEPARTMENT
OF STATE HEALTH SERVICES. The department and the Department of
State Health Services shall enter into a memorandum of
understanding that:
(1) recognizes the primary jurisdiction of the
Department of State Health Services over the processing,
manufacturing, packaging, transportation, sale, and use of
consumable hemp products in this state; and
(2) requires the department and the Department of
State Health Services to cooperate in the development of the state
hemp production plan required under this chapter.
Sec. 121.005. SUBMISSION OF STATE PLAN. (a) The
department, after consulting with the governor, attorney general,
and Department of State Health Services 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 7 U.S.C. Section 1639p.
(b) If the state plan submitted by the department is
disapproved by the secretary of the United States Department of
Agriculture, the department, after consulting with the governor,
attorney general, and Department of State Health Services, shall
amend the state plan as needed to obtain approval and submit an
amended plan.
(c) The department shall, as necessary, seek technical
assistance from the secretary of the United States Department of
Agriculture in developing the state plan.
CHAPTER 122. PRODUCTION OF HEMP
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 122.001. DEFINITIONS. In this chapter:
(1) "Commercial sale" means the sale of a product in
the stream of commerce at retail, at wholesale, or on the Internet.
(2) "Consumable hemp product" means a hemp product
that is:
(A) marketed or intended to be:
(i) ingested as a food intended for human
consumption; or
(ii) applied topically to the body,
including a cosmetic or personal care product; or
(B) similar to a product listed under Paragraph
(A) and that contains one or more hemp-derived cannabinoids,
including cannabidiol.
(3) "Cultivate" means to plant, irrigate, grow, or
harvest a plant or crop.
(4) "Federally defined THC level for hemp" means a
delta-9 tetrahydrocannabinol concentration of not more than 0.3
percent:
(A) on a dry weight basis for hemp; or
(B) in a hemp product.
(5) "Handle" means to possess or store a hemp plant:
(A) on premises owned, operated, or controlled by
a hemp producer for any period of time; or
(B) in a vehicle for any period of time other than
during the actual transport of the plant from a premises owned,
operated, or controlled by a hemp producer to a premises owned,
operated, or controlled by another hemp producer.
(6) "Hemp" has the meaning assigned by Section
121.001.
(7) "Hemp producer" means a person authorized by the
department to cultivate, handle, or process hemp in this state.
(8) "Hemp product" means a finished product that does
not exceed the federally defined THC level for hemp, that is derived
from or made by processing a hemp plant or plant part, and that is
prepared in a form available for commercial sale. The term includes
cosmetics, personal care products, food intended for human
consumption, cloth, cordage, fiber, fuel, paint, paper,
particleboard, plastics, and any product containing one or more
hemp-derived cannabinoids, including cannabidiol.
(9) "Independent testing laboratory" means a
laboratory certified by this state and accredited by an
accreditation body, including the American Association for
Laboratory Accreditation (A2LA) and Assured Calibration and
Laboratory Accreditation Select Services (ACLASS), in accordance
with International Organization for Standardization ISO/IEC 17025
or a comparable or successor standard.
(10) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(11) "Plot" means a contiguous area in a field,
greenhouse, or indoor growing structure containing the same variety
or cultivar of hemp throughout the area.
(12) "Process" means to convert hemp into a marketable
form.
(13) "QR code" means a quick response machine-readable
code that can be read by a camera, consisting of an array of black
and white squares used for storing information or directing or
leading a user to additional information.
(14) "Smoking" means burning or igniting a substance
and inhaling the smoke.
Sec. 122.002. DEPARTMENT RULES AND PROCEDURES. The
department shall adopt rules and administrative procedures
necessary to implement this chapter.
Sec. 122.003. STATE HEMP PROGRAM ACCOUNT. (a) The state
hemp program 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 received under Section 122.053;
(4) interest and income earned on the investment of
money in the account;
(5) penalties collected under this chapter; and
(6) funds 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 this
chapter. Money received under this subsection shall be deposited
in the account.
(d) Money in the account may be appropriated only for the
administration and enforcement of this subtitle.
Sec. 122.004. INTERSTATE COMMERCE. To the extent of a
conflict between a provision of this chapter and a provision of
federal law involving interstate transportation of hemp, including
a United States Department of Agriculture regulation, federal law
controls and conflicting provisions of this chapter do not apply.
SUBCHAPTER B. STATE HEMP PROGRAM
Sec. 122.051. APPLICABILITY OF SUBCHAPTER TO HEMP PRODUCTS.
This subchapter does not apply to the possession, transportation,
or sale of hemp products or extracts, including products or
extracts containing one or more hemp-derived cannabinoids,
including cannabidiol.
Sec. 122.052. PROGRAM RULES. (a) The department shall
adopt rules to establish a state hemp program that:
(1) promotes the cultivating and processing of hemp
and the commercial sale of hemp products; and
(2) regulates hemp production in this state.
(b) In adopting rules under Subsection (a), the department
shall consult with:
(1) relevant public agencies; and
(2) private, nonprofit associations in the hemp
industry that promote standards, best practices, and
self-regulation in the production of hemp.
(c) Rules adopted under Subsection (a) must:
(1) establish requirements by which the department
authorizes an individual or business entity to participate in the
state hemp program as a hemp producer;
(2) prescribe the manner in which an institution of
higher education may participate in or be affiliated with the
program;
(3) prescribe sampling, inspection, certification,
and testing procedures to ensure that hemp plants cultivated,
handled, or processed in this state, and hemp products processed in
this state, do not exceed the federally defined THC level for hemp;
(4) provide due process consistent with Chapter 2001,
Government Code, including an appeals process, to protect hemp
producers from the consequences of imperfect test results; and
(5) prescribe enforcement procedures that are
consistent with 7 U.S.C. Section 1639p(e).
Sec. 122.053. FEES. (a) The department by rule shall set
and collect fees in amounts that are reasonable and necessary to
cover the costs of administering and enforcing the state hemp
program.
(b) Fees prescribed by the department under this section are
not refundable.
(c) Fees collected under this section shall be deposited in
the state hemp program account under Section 122.003.
Sec. 122.054. DEPARTMENT AUTHORIZATION REQUIRED. (a)
Except as provided by this chapter, a person or the person's agent
may not cultivate, handle, or process hemp in this state or
transport hemp outside of this state unless the person is
authorized by the department under this section to participate in
the state hemp program as a hemp producer.
(b) A person seeking to participate in the state hemp
program as a hemp producer must apply to the department on a form
and in the manner prescribed by the department. The application
must be accompanied by:
(1) a legal description of each location where the
person intends to cultivate or process hemp and the global
positioning system coordinates for the perimeter of each location;
(2) written consent from the applicant or the property
owner if the applicant is not the property owner allowing the
department, the Department of Public Safety, and any other state or
local law enforcement agency to enter onto all premises where hemp
is cultivated, processed, handled, or stored to conduct a physical
inspection or to ensure compliance with this chapter and rules
adopted under this chapter;
(3) any fees required by the department to be
submitted with the application; and
(4) any other information required by department rule.
(c) If the department determines that a person who submits
an application under this section meets the state hemp program
participation requirements prescribed by department rule, the
department shall authorize the person to participate in the program
as a hemp producer in the manner provided by department rule.
Sec. 122.055. LIMITATION ON PROGRAM PARTICIPATION. (a) A
person who is or has been convicted of a felony relating to a
controlled substance under state or federal law may not participate
in the state hemp program established under this subchapter or
produce hemp in this state under any other law for a period of at
least 10 years after the date of the person's conviction.
(b) A person who materially falsifies any information
contained in an application submitted to the department under
Section 122.054 may not participate in the state hemp program.
Sec. 122.056. ENFORCEMENT. (a) If the department
determines that a hemp producer has negligently violated this
chapter or a rule adopted under this chapter, the department shall
enforce the violation in the manner provided by 7 U.S.C. Section
1639p(e). A hemp producer is not subject to a civil or criminal
penalty under this subsection.
(b) If the department determines or suspects that a hemp
producer has violated this chapter or a rule adopted under this
chapter with a culpable mental state greater than negligence,
Subsection (a) does not apply and the department shall report the
hemp producer immediately to:
(1) the United States attorney general; and
(2) the attorney general of this state, who may:
(A) on behalf of the department, investigate the
violation and institute proceedings for injunctive or other
appropriate relief; or
(B) report the matter to an appropriate law
enforcement agency.
Sec. 122.057. SEED CERTIFICATION PROGRAM. (a) The
department shall establish a program to identify and certify seeds
confirmed to produce hemp. The department may authorize the
importation of hemp seed in accordance with state and federal law.
(b) The department may not certify a variety of hemp seed if
the seed is tested and confirmed to produce a plant that exceeds the
federally defined THC level for hemp. For purposes of this
subsection, the department may partner with a private entity or an
institution of higher education to test seed for the purpose of
certification under this section.
(c) The department shall maintain and make available to hemp
producers a list of hemp seeds certified by the department under
this section.
Sec. 122.058. USE OR DISPOSAL OF HARVESTED PLANTS. (a) If
the results of a test under Subchapter C performed on a sample show
the sample does not exceed the federally defined THC level for hemp,
the hemp producer may sell or use the plants represented by the
sample for any purpose allowed by law.
(b) If the results of a test under Subchapter C performed on
a sample show the sample exceeds the federally defined THC level for
hemp, the hemp producer shall immediately confer with the
department and in a manner approved by the department:
(1) have postharvest testing performed as provided by
Section 122.106 or other retesting provided by department rule;
(2) dispose of all hemp plants represented by the
sample; or
(3) if the department determines the plants
represented by the sample reached that concentration solely as a
result of negligence or acts beyond the control of the hemp
producer:
(A) trim, extract, or separate the plants until
the remaining plants or plant parts do not exceed the federally
defined THC level for hemp and dispose of the noncompliant plants or
plant parts in a manner approved by the department;
(B) transfer the plants to a person authorized by
the department to process into a product that does not exceed the
federally defined THC level for hemp and dispose of any remaining
parts of the plants in a manner approved by the department; or
(C) take any other corrective action consistent
with federal regulations adopted under 7 U.S.C. Chapter 38,
Subchapter VII.
SUBCHAPTER C. TESTING
Sec. 122.101. TESTING REQUIRED. (a) The department by rule
shall establish a program for the random testing of hemp plants to
determine the delta-9 tetrahydrocannabinol concentration of a
representative sample of hemp plants from the plot where the plants
are grown.
(b) Testing under this subchapter must be conducted using
post-decarboxylation, high-performance liquid chromatography, or
another similarly reliable method prescribed by department rule.
Sec. 122.102. PREHARVEST TESTING REQUIRED. A hemp producer
may not harvest a hemp plant unless the delta-9
tetrahydrocannabinol concentration of a representative sample of
hemp plants from the plot where the plant is grown is collected and
tested using post-decarboxylation, high-performance liquid
chromatography, or another similarly reliable method in the manner
required by this subchapter.
Sec. 122.103. REPRESENTATIVE SAMPLE. (a) For purposes of
Section 122.102, a representative sample of hemp plants from a plot
consists of cuttings taken from at least five plants throughout the
plot.
(b) A laboratory performing testing under this subchapter
shall homogenize all the cuttings in the sample and test the delta-9
tetrahydrocannabinol concentration of a random sample of the
homogenized material.
Sec. 122.104. SAMPLE COLLECTION. (a) A hemp producer shall
notify the department at least 20 days before the date the hemp
producer expects to harvest hemp plants in the manner prescribed by
department rule.
(b) A sample must be collected by the department or another
entity described by Section 122.105(a).
(c) The department by rule may prescribe reasonable
procedures for a person who collects a sample to submit the sample
to the testing laboratory selected by the hemp producer.
Sec. 122.105. TESTING LABORATORY. (a) Subject to
Subsection (b), testing required by this subchapter must be
performed by:
(1) the department;
(2) an institution of higher education; or
(3) an independent testing laboratory.
(b) To perform the testing required by this subchapter, a
laboratory described by Subsection (a) must be accredited by an
accreditation body in accordance with International Organization
for Standardization ISO/IEC 17025 or a successor standard.
(c) A hemp producer shall select a laboratory described by
Subsection (a) to perform preharvest or postharvest testing of a
sample taken from the hemp producer's plot. A hemp producer shall
pay the costs of sample collection and testing in the amount
prescribed by the laboratory selected by the hemp producer.
(d) The department shall recognize and accept the results of
a test performed by an institution of higher education or an
independent testing laboratory described by Subsection (a). The
department shall require that a copy of the test results be sent by
the institution of higher education or independent testing
laboratory directly to the department and the hemp producer.
(e) The department shall notify the hemp producer of the
results of the test not later than the 14th day after the date the
sample was collected under Section 122.104 or the date the
department receives test results under Subsection (d).
Sec. 122.106. POSTHARVEST TESTING. (a) The department by
rule shall allow a hemp producer to have postharvest testing
performed on a representative sample of plants from a plot if the
results of a preharvest test exceed the federally defined THC level
for hemp.
(b) A hemp producer requesting postharvest testing shall
pay the costs of the testing before a testing laboratory selected by
the hemp producer under Section 122.105 performs the test.
(c) If a hemp producer fails to request postharvest testing
or fails to pay the postharvest testing fee not later than the 15th
day after the date the hemp producer is notified of the results of
the preharvest test, the results of the preharvest test are final.
(d) A hemp producer shall retain control over harvested
plants until the hemp producer receives:
(1) written notice of preharvest or postharvest
testing results indicating the plants do not exceed the federally
defined THC level for hemp; or
(2) a shipping certificate or
cargo manifest by the
department under Section 122.154.
Sec. 122.107. SHIPPING DOCUMENTATION FOR TEST SAMPLES. The
department shall issue documentation to an entity authorized to
collect samples of plants for testing that authorizes the
transportation of those samples from the place of collection to a
testing laboratory.
SUBCHAPTER D. HEMP PRODUCTS
Sec. 122.151. PROCESSING OR MANUFACTURING HEMP PRODUCTS.
(a) Except as provided by Subsection (b), a state agency may not
prohibit a person who processes or manufactures a product regulated
by the agency from applying for or obtaining a permit or other
authorization to process or manufacture the product solely on the
basis that the person intends to process or manufacture the product
with hemp.
(b) A state agency may not authorize a person to process or
manufacture a hemp product for smoking.
Sec. 122.152. HEMP-DERIVED ADDITIVES. Notwithstanding any
other law, derivatives of hemp, including hemp-derived
cannabidiol, may be added to cosmetics, personal care products, and
products intended for human consumption, and the addition is not
considered an adulteration of the products.
Sec. 122.153. PACKAGING AND LABELING REQUIREMENTS. (a)
Before a consumable hemp product that contains or is marketed as
containing more than trace amounts of cannabinoids may be
distributed or sold, the product must be packaged and labeled with
the following information:
(1) batch identification number;
(2) batch size;
(3) batch date;
(4) batch number;
(5) product name;
(6) total quantity produced;
(7) an Internet link for downloading a certificate of
analysis for the product;
(8) the name of the product's manufacturer; and
(9) a certification that the product does not exceed
the federally defined THC level for hemp.
(b) The label required by Subsection (a) may be in the form
of:
(1) a uniform resource locator (URL) for the
manufacturer's Internet website that provides the information
required by that subsection; or
(2) a QR code or other bar code that may be scanned and
that leads to the information required by that subsection.
Sec. 122.154. SHIPPING CERTIFICATE OR MANIFEST. (a) The
department shall develop a shipping certificate or cargo manifest
that the department may issue to a hemp producer in connection with
the transportation of hemp or hemp products.
(b) A certificate or manifest under Subsection (a) must
include a unique identifying number for the shipment and the
department's contact information to allow law enforcement during a
roadside inspection of a motor vehicle transporting the shipment to
verify that the shipment consists of hemp or hemp products produced
in compliance with this chapter.
Sec. 122.155. POSSESSION, TRANSPORTATION, AND SALE OF HEMP
PRODUCTS. (a) Notwithstanding any other law, a person may possess,
transport, sell, and purchase legally produced hemp products in
this state.
(b) The department by rule must provide to a retailer of
hemp products fair notice of a potential violation concerning hemp
products sold by the retailer and an opportunity to cure a violation
made unintentionally or negligently.
Sec. 122.156. RULES RELATED TO SALE OF HEMP PRODUCTS. The
department, in consultation with the Department of State Health
Services, shall adopt rules to regulate the sale of hemp products
that reflect the following principles:
(1) hemp-derived cannabinoids, including cannabidiol,
are not considered controlled substances or adulterants;
(2) products containing one or more hemp-derived
cannabinoids, such as cannabidiol, intended for ingestion are to be
considered foods, not controlled substances or adulterated
products;
(3) hemp products must be packaged and labeled in the
manner provided by Section 122.153; and
(4) the processing or manufacturing of a hemp product
for smoking is prohibited.
Sec. 122.157. RETAIL SALE OF OUT-OF-STATE HEMP PRODUCTS.
(a) Retail sales of hemp products manufactured or processed
outside of this state may be made in this state when the products
and the hemp used in the products were processed and cultivated
legally in another state or jurisdiction that has the same or
substantially similar requirements for processing hemp products or
cultivating hemp as provided by this chapter.
(b) The department shall maintain a list of states or other
jurisdictions described by Subsection (a).
Sec. 122.158. TRANSPORTATION AND EXPORTATION OF HEMP
PRODUCTS OUT OF STATE. Hemp products may be legally transported
across state lines and exported to foreign jurisdictions in a
manner that is consistent with federal law and the laws of
respective foreign jurisdictions.
SUBCHAPTER E. ENFORCEMENT; PENALTIES
Sec. 122.201. PENALTY SCHEDULE. (a) The department by rule
shall adopt a schedule of sanctions and penalties for violations of
this chapter and rules adopted under this chapter that does not
conflict with 7 U.S.C. Section 1639p(e).
(b) A penalty collected under this chapter must be deposited
in the state hemp program account under Section 122.003.
Sec. 122.202. ADMINISTRATIVE PENALTY. The department may
impose an administrative penalty or other administrative sanction
for a violation of this chapter or a rule or order adopted under
this chapter, including a penalty or sanction under Section 12.020
or 12.0201.
SECTION 5. 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 121.001, Agriculture Code,
or the tetrahydrocannabinols 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;
[or]
(E) the sterilized seeds of the plant that are
incapable of beginning germination; or
(F) hemp, as that term is defined by Section
121.001, Agriculture Code.
SECTION 6. (a) Not later than the 90th day after the
effective date of this Act, the Department of Agriculture shall
adopt rules under Section 121.003, 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
121.005, Agriculture Code, as added by this Act.
(b) The Department of Agriculture shall submit amended
state plans as provided by Section 121.005(b), Agriculture Code, as
added by this Act, as necessary until the plan is approved.
SECTION 7. (a) Not later than January 1, 2020, the
Department of Agriculture shall adopt rules and procedures
necessary to implement Chapter 122, Agriculture Code, as added by
this Act.
(b) Not later than the 30th day after the date on which rules
and procedures are adopted under Subsection (a) of this section,
the Department of Agriculture shall begin authorizing
participation in the state hemp program established under Chapter
122, Agriculture Code, as added by this Act.
SECTION 8. 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.