89S10490 RDR-D     By: Geren H.B. No. 256       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting the sale, delivery, or purchase of a   consumable hemp product to or by a person younger than 21 years of   age, the entry onto the premises of a retailer of consumable hemp   products by a person younger than 21 years of age, and the   employment by a retailer of consumable hemp products of a person   younger than 21 years of age; creating criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 443.001, Health and Safety Code, is   amended by adding Subdivision (8-a) to read as follows:                (8-a)  "Minor" means a person younger than 21 years of   age.          SECTION 2.  Subchapter E, Chapter 443, Health and Safety   Code, is amended by adding Sections 443.208, 443.209, 443.210,   443.211, and 443.212 to read as follows:          Sec. 443.208.  CRIMINAL OFFENSE OF PROHIBITED SALE OR   DELIVERY OF CONSUMABLE HEMP PRODUCTS TO PERSONS YOUNGER THAN 21   YEARS OF AGE; PROOF OF AGE REQUIRED.  (a)  A person commits an   offense if the person, with criminal negligence, sells, gives, or   causes to be sold or given a consumable hemp product to a person   younger than 21 years of age.          (b)  If an offense under this section occurs in connection   with a sale by an employee of a retail store in which consumable   hemp products are sold, the employee is criminally responsible and   subject to prosecution.          (c)  An offense under this section is a Class A misdemeanor.          (d)  It is a defense to prosecution under Subsection (a) that   the person to whom the consumable hemp product was sold or given   presented to the defendant apparently valid proof of   identification.          (e)  A proof of identification satisfies the requirements of   Subsection (d) if it contains a physical description and photograph   consistent with the person's appearance, purports to establish the   person is 21 years of age or older, and was issued by a governmental   agency.  The proof of identification may include a driver's license   issued by this state or another state, a passport, or an   identification card issued by a state or the federal government.          Sec. 443.209.  PURCHASE OF CONSUMABLE HEMP PRODUCT BY MINOR.   (a) A minor commits an offense if the minor purchases a consumable   hemp product. A minor does not commit an offense if the minor   purchases a consumable hemp product under the immediate supervision   of a commissioned peace officer engaged in enforcing the provisions   of this chapter.          (b)  An offense under this section is punishable as provided   by Section 443.211.          Sec. 443.210.  ATTEMPT TO PURCHASE CONSUMABLE HEMP PRODUCT   BY MINOR. (a) A minor commits an offense if, with specific intent   to commit an offense under Section 443.209, the minor does an act   amounting to more than mere preparation that tends but fails to   effect the commission of the offense intended.          (b)  An offense under this section is punishable as provided   by Section 443.211.          Sec. 443.211.  PUNISHMENT FOR CONSUMABLE HEMP   PRODUCT-RELATED OFFENSE BY MINOR. (a) This section applies to an   offense under Section 443.209 or 443.210.          (b)  Except as provided by Subsection (c), an offense to   which this section applies is a Class C misdemeanor.          (c)  If it is shown at the trial of the defendant that the   defendant is a minor who is not a child and who has been previously   convicted at least twice of an offense to which this section   applies, the offense is punishable by:                (1)  a fine of not less than $250 or more than $2,000;                (2)  confinement in jail for a term not to exceed 180   days; or                (3)  both the fine and confinement.          (d)  In addition to any fine:                (1)  the court shall order a minor placed on deferred   disposition for or convicted of an offense to which this section   applies to perform community service for:                      (A)  not less than eight or more than 12 hours, if   the minor has not been previously convicted of an offense to which   this section applies; or                      (B)  not less than 20 or more than 40 hours, if the   minor has been previously convicted once of an offense to which this   section applies; and                (2)  the court shall order the Department of Public   Safety to suspend the driver's license or permit of a minor   convicted of an offense to which this section applies or, if the   minor does not have a driver's license or permit, to deny the   issuance of a driver's license or permit for:                      (A)  30 days, if the minor has not been previously   convicted of an offense to which this section applies;                      (B)  60 days, if the minor has been previously   convicted once of an offense to which this section applies; or                      (C)  180 days, if the minor has been previously   convicted twice or more of an offense to which this section applies.          (e)  Community service ordered under this section must be   related to education about or prevention of misuse of drugs if   programs or services providing that education are available in the   community in which the court is located.  If programs or services   providing that education are not available, the court may order   community service that it considers appropriate for rehabilitative   purposes.          (f)  In this section:                (1)  a prior adjudication under Title 3, Family Code,   that the minor engaged in conduct described by this section is   considered a conviction; and                (2)  a prior order of deferred disposition for an   offense alleged under this section is considered a conviction.          (g)  In this section, "child" has the meaning assigned by   Section 51.02, Family Code.          (h)  A driver's license suspension under this section takes   effect on the 11th day after the date the minor is convicted.          (i)  A defendant who is not a child and who has been   previously convicted at least twice of an offense to which this   section applies is not eligible to receive a deferred disposition   or deferred adjudication.          Sec. 443.212.  AGE REQUIREMENTS. (a)  Except as provided by   Subsection (b) or other law, a person younger than 21 years of age   may not be permitted to enter the premises of a retailer of   consumable hemp products.          (b)  An owner or employee of a retailer of consumable hemp   products may not knowingly use or employ any person younger than 21   years of age to work on the premises of the retailer in any   capacity. This subsection does not apply to a person who is at   least 18 years of age and who is employed by the person's parent or   legal guardian to work in the retailer that is owned by the parent   or legal guardian.          SECTION 3.  This Act takes effect January 1, 2026.