89R3575 LHC-D     By: Shaheen H.B. No. 2155       A BILL TO BE ENTITLED   AN ACT   relating to a prohibition on the sale, transfer, or delivery of   consumable hemp products; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Chapter 443, Health and Safety   Code, is amended to read as follows:   CHAPTER 443. [MANUFACTURE, DISTRIBUTION, AND] SALE, TRANSFER, OR   DELIVERY OF CONSUMABLE HEMP PRODUCTS PROHIBITED          SECTION 2.  Section 443.001(1), Health and Safety Code, is   amended to read as follows:                (1)  "Consumable hemp product" means food, a drug, a   device, or a cosmetic, as those terms are defined by Section   431.002, that contains hemp or one or more hemp-derived   cannabinoids, including cannabidiol.  The term does not include   low-THC cannabis regulated under Chapter 487.          SECTION 3.  Subchapter A, Chapter 443, Health and Safety   Code, is amended by adding Section 443.0015 to read as follows:          Sec. 443.0015.  OFFENSE: SALE, TRANSFER, OR DELIVERY OF   CONSUMABLE HEMP PRODUCTS.  (a)  A person commits an offense if the   person:                (1)  sells, offers for sale, transfers, or delivers a   consumable hemp product; or                (2)  provides a consumable hemp product by courier,   delivery, or mail service.          (b)  An offense under this section is a Class B misdemeanor.           SECTION 4.  Section 121.003(a), Agriculture Code, is amended   to read as follows:          (a)  The department, after consulting with the governor and   attorney general, shall develop a state plan to monitor and   regulate the production of hemp in this state.  The plan must comply   with:                (1)  7 U.S.C. Section 1639p; and                (2)  Chapter 122[; and                [(3)  Chapter 443, Health and Safety Code].          SECTION 5.  Section 122.001(3), Agriculture Code, is amended   to read as follows:                (3)  "Handle" means to possess or store a hemp plant:                      (A)  on premises owned, operated, or controlled by   a license holder 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 license holder to[:                            [(i)]  a premises owned, operated, or   controlled by another license holder[; or                            [(ii)  a person licensed under Chapter 443,   Health and Safety Code].          SECTION 6.  Section 122.101, Agriculture Code, is amended to   read as follows:          Sec. 122.101.  LICENSE REQUIRED[; EXCEPTIONS]. A [(a)   Except as provided by Subsection (b), a] person or the person's   agent may not cultivate or handle hemp in this state or transport   hemp outside of this state unless the person holds a license under   this subchapter.          [(b)  A person is not required to hold a license under this   subchapter to manufacture a consumable hemp product in accordance   with Subtitle A, Title 6, Health and Safety Code.]          SECTION 7.  Section 122.301(b), Agriculture Code, is amended   to read as follows:          (b)  A state agency may not authorize a person to manufacture   a product containing hemp for smoking[, as defined by Section   443.001, Health and Safety Code].  In this subsection, "smoking"   means burning or igniting a substance and inhaling the smoke or   heating a substance and inhaling the resulting vapor or aerosol.          SECTION 8.  Section 411.110(a), Government Code, is amended   to read as follows:          (a)  The Department of State Health Services and the Health   and Human Services Commission are entitled to obtain criminal   history record information as provided by Subsection (a-1) that   relates to a person who is:                (1)  an applicant for a license or certificate under   Chapter 773, Health and Safety Code, an owner or manager of an   applicant for an emergency medical services provider license under   that chapter, or the holder of a license or certificate under that   chapter;                (2)  an applicant for a license or a license holder   under Subchapter I, L, or N, Chapter 431, Health and Safety Code;                (3)  an applicant for employment at or current employee   of:                      (A)  a public health hospital as defined by   Section 13.033, Health and Safety Code; or                      (B)  the South Texas Health Care System;                (4)  an applicant for employment at, current employee   of, or person who contracts or may contract to provide goods or   services with the Council on Sex Offender Treatment or other   division or component of the Health and Human Services Commission   that monitors sexually violent predators as described by Section   841.003(a), Health and Safety Code; or                (5)  authorized to access vital records or the vital   records electronic registration system under Chapter 191, Health   and Safety Code, including an employee of or contractor for the   Department of State Health Services, a local registrar, a medical   professional, or a funeral director[; or                [(6)  an applicant for a license or a license holder   under Subchapter C, Chapter 443, Health and Safety Code].          SECTION 9.  Section 431.043, Health and Safety Code, is   amended to read as follows:          Sec. 431.043.  ACCESS TO RECORDS.  A person who is required   to maintain records under this chapter or Section 519 or 520(g) of   the federal Act or a person who is in charge or custody of those   records shall, at the request of the department or a health   authority, permit the department or health authority at all   reasonable times access to and to copy and verify the records[,   including records that verify that the hemp in a consumable hemp   product was produced in accordance with Chapter 122, Agriculture   Code, or 7 U.S.C. Chapter 38, Subchapter VII].          SECTION 10.  Section 60.002, Occupations Code, is amended to   read as follows:          Sec. 60.002.  REQUIREMENTS FOR DIGITAL LICENSES.  (a)  In   this section, "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.          (b)  A licensing authority that issues an occupational   license may issue a digital license to a license holder.  If the   licensing authority issues a digital license, the digital license   must comply with the following requirements:                (1)  the digital license must be in a secure format and   readily accessible by the license holder through an Internet   website and on a wireless communication device;                (2)  the public must be able to view a license holder's   digital license through an Internet website or by using a QR code   [as defined by Section 443.001, Health and Safety Code]; and                (3)  if the authority contracts with a vendor for the   issuance of a digital license, the digital license must be in a   format in which the vendor and authority can verify the validity of   the license.          SECTION 11.  The following provisions of the Health and   Safety Code are repealed:                (1)  Section 431.011;                (2)  Section 431.2211(a-3);                (3)  the heading to Subchapter A, Chapter 443;                (4)  Sections 443.001(2), (3), (4), (6), (7), (8), (9),   (10), and (11);                (5)  Sections 443.002, 443.003, and 443.004; and                (6)  Subchapters B, C, D, and E, Chapter 443.          SECTION 12.  This Act takes effect September 1, 2025.