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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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;
  [or]
                     (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.
feedback