By: Perry, Hagenbuch  S.B. No. 5          (In the Senate - Filed July 21, 2025; July 21, 2025, read   first time and referred to Committee on State Affairs;   July 24, 2025, reported favorably by the following vote:  Yeas 10,   Nays 1; July 24, 2025, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to the regulation of certain products derived from hemp,   including consumable hemp products and the hemp-derived   cannabinoids contained in those products; requiring occupational   licenses and registrations; imposing fees; creating criminal   offenses; authorizing an administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 431.011(a), Health and Safety Code, is   amended to read as follows:          (a)  This chapter applies to a consumable hemp product   subject to Chapter 443. [An article regulated under this chapter   may not be deemed to be adulterated solely on the basis that the   article is a consumable hemp product.]          SECTION 2.  Section 443.001, Health and Safety Code, is   amended by amending Subdivision (1) and adding Subdivision (8-a) to   read as follows:                (1)  "Consumable hemp product" means a product suitable   for ingestion, absorption, or inhalation by humans, including a   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 or cannabigerol.                (8-a)  "Minor" means a person under 21 years of age.          SECTION 3.  Chapter 443, Health and Safety Code, is amended   by adding Subchapter A-1 to read as follows:   SUBCHAPTER A-1. NONAPPLICABILITY          Sec. 443.021.  LOW-THC CANNABIS. This chapter does not   apply to low-THC cannabis regulated under Chapter 487.          Sec. 443.022.  RESEARCH. This chapter does not apply to   research on hemp conducted by:                (1)  a medical school, as defined by Section 61.501,   Education Code;                (2)  a hospital licensed under Chapter 241; or                (3)  an institution of higher education or private or   independent institution of higher education, as defined by Section   61.003, Education Code.          Sec. 443.023.  FEDERAL DESIGNATION. Other than Subchapters   A and B, this chapter does not apply to a consumable hemp product if   all of the hemp ingredients of the consumable hemp product are one   or more of the following hemp seed-derived ingredients generally   recognized as safe (GRAS) by the United States Food and Drug   Administration for use in food:                (1)  hulled hemp seed;                (2)  hemp seed protein powder; or                (3)  hemp seed oil.          Sec. 443.024.  MEDICAL PRESCRIPTION. This chapter does not   apply to a prescription drug or device, as defined by Section   551.003, Occupations Code.          Sec. 443.025.  CULTIVATION OF HEMP. This chapter does not   apply to the cultivation of hemp regulated under Chapter 122,   Agriculture Code.          Sec. 443.026.  TRANSPORTATION OF HEMP.  This chapter does   not apply to the transportation of hemp regulated under Chapter   122, Agriculture Code.          Sec. 443.027.  NONCONSUMABLE HEMP PRODUCTS. This chapter   does not apply to the manufacturing of a nonconsumable hemp product   regulated under Chapter 122, Agriculture Code.          SECTION 4.  Section 443.051, Health and Safety Code, is   amended to read as follows:          Sec. 443.051.  RULEMAKING AUTHORITY OF EXECUTIVE   COMMISSIONER. The executive commissioner shall adopt rules and   procedures necessary to administer and enforce this chapter. Rules   and procedures adopted under this section must be at least as   stringent as [consistent with]:                (1)  an approved state plan submitted to the United   States Department of Agriculture under Chapter 121, Agriculture   Code; and                (2)  7 U.S.C. Chapter 38, Subchapter VII, and federal   regulations and guidelines adopted under that subchapter.          SECTION 5.  Subchapter C, Chapter 443, Health and Safety   Code, is amended by adding Section 443.1035 to read as follows:          Sec. 443.1035.  LICENSING FEES. (a)  An applicant for a   license under this subchapter shall pay an initial licensing fee to   the department in the amount of $10,000 for each location where the   applicant intends to process hemp or manufacture a consumable hemp   product.          (b)  Before the department may renew a license as provided by   Section 443.104, a license holder shall pay a renewal fee to the   department in the amount of $10,000 for each location where the   applicant intends to process hemp or manufacture a consumable hemp   product.          SECTION 6.  Section 443.104(b), Health and Safety Code, is   amended to read as follows:          (b)  The department shall renew a license if the license   holder:                (1)  is not ineligible to hold the license under   Section 443.102;                (2)  has not violated this chapter or a rule adopted   under this chapter;                (3)  submits to the department any license renewal fee;   and                (4) [(3)]  does not owe any outstanding fees to the   department.          SECTION 7.  Subchapter C, Chapter 443, Health and Safety   Code, is amended by adding Section 443.106 to read as follows:          Sec. 443.106.  RESTRICTION ON MANUFACTURE OF CERTAIN   CONSUMABLE HEMP PRODUCTS. A license holder may not manufacture a   consumable hemp product that contains any amount of a cannabinoid   other than cannabidiol or cannabigerol.          SECTION 8.  Section 443.151, Health and Safety Code, is   amended by amending Subsections (a), (b), and (d) and adding   Subsections (d-1) and (d-2) to read as follows:          (a)  A consumable hemp product must be tested as provided   by[:                [(1)]  Subsections (b), [and] (c), and[; or                [(2)  Subsection] (d).          (b)  Before a hemp plant is processed or otherwise used in   the manufacture of a consumable hemp product, a sample representing   the plant must be tested, as required by the executive   commissioner, to determine:                (1)  the concentration and identity of the [various]   cannabinoids in the plant; and                (2)  the presence or quantity of heavy metals,   pesticides, microbial contamination, and any other substance   prescribed by the department.          (d)  Before [Except as otherwise provided by Subsection (e),   before] a consumable hemp product is sold at retail or otherwise   introduced into commerce in this state, a sample representing the   hemp product must be tested:                (1)  by a laboratory that is:                      (A)  located in this state;                      (B)  registered with the United States Drug   Enforcement Administration; and                      (C)  accredited by an accreditation body in   accordance with International Organization for Standardization   ISO/IEC 17025 or a comparable or successor standard to determine   the identity and [delta-9 tetrahydrocannabinol] concentration of   any cannabinoids contained in the product; and                (2)  by an appropriate laboratory to determine that the   product does not contain a substance described by Subsection (b)(2)   [(b)] or (c) in a quantity prohibited for purposes of those   subsections.          (d-1)  The testing required under Subsection (d) must use   post-decarboxylation, high-performance gas chromatography,   high-performance liquid chromatography, or a similar method,   provided that any testing method accounts for the conversion of   tetrahydrocannabolic acid into tetrahydrocannabinol to determine   the total tetrahydrocannabinol concentration in a tested product.          (d-2)  A person that tests a consumable hemp product under   Subsection (d) shall report the test results to the department in   the form and manner required by the department.          SECTION 9.  Sections 443.152(a) and (c), Health and Safety   Code, are amended to read as follows:          (a)  A consumable hemp product that contains any amount of a   cannabinoid other than cannabidiol or cannabigerol [has a delta-9   tetrahydrocannabinol concentration of more than 0.3 percent] may   not be sold at retail or otherwise introduced into commerce in this   state.          (c)  A license holder shall make available to a seller of a   consumable hemp product processed or manufactured by the license   holder the results of testing required by Section 443.151. The   results may accompany a shipment to the seller or be made available   to the seller electronically. If the results are not able to be   made available, the seller may have the testing required under   Section 443.151 performed on the product and shall make the results   available to a consumer and the department.          SECTION 10.  The heading to Section 443.2025, Health and   Safety Code, is amended to read as follows:          Sec. 443.2025.  REGISTRATION REQUIRED FOR RETAILERS OF   CERTAIN CONSUMABLE HEMP PRODUCTS.          SECTION 11.  Section 443.2025, Health and Safety Code, is   amended by amending Subsections (b), (d), and (f) and adding   Subsections (h), (i), and (j) to read as follows:          (b)  A person may not sell consumable hemp products   containing a cannabinoid [cannabidiol] at retail in this state   unless the person registers with the department each location   owned, operated, or controlled by the person at which those   products are sold. A person is not required to register a location   associated with an employee [or independent contractor] described   by Subsection (d).          (d)  A person is not required to register with the department   under Subsection (b) if the person is[:                [(1)]  an employee of a registrant[; or                [(2)  an independent contractor of a registrant who   sells the registrant's products at retail].          (f)  The owner of a location at which consumable hemp   products are sold shall annually pay to the department a   registration fee in the amount of $20,000 for each location owned by   the person at which those products are sold [The department by rule   may adopt a registration fee schedule that establishes reasonable   fee amounts for the registration of:                [(1)  a single location at which consumable hemp   products containing cannabidiol are sold; and                [(2)  multiple locations at which consumable hemp   products containing cannabidiol are sold under a single   registration].          (h)  A person may not sell consumable hemp products unless   the person has provided to the department written consent from the   person or the property owner, if the person 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 consumable hemp products are sold to conduct a   physical inspection or to ensure compliance with this chapter and   rules adopted under this chapter.          (i)  An individual who is or has been convicted of a felony   relating to a controlled substance under federal law or the law of   any state may not, before the 10th anniversary of the date of the   conviction:                (1)  hold a registration with the department under this   section; or                (2)  be a governing person of a business entity   registered with the department under this section.          (j)  The department shall revoke a registration under this   section if the registrant is convicted of a felony relating to a   controlled substance under federal law or the law of any state.          SECTION 12.  Subchapter E, Chapter 443, Health and Safety   Code, is amended by adding Section 443.2026 to read as follows:          Sec. 443.2026.  CONSUMABLE HEMP PRODUCT REGISTRATION. (a)     A consumable hemp product may not be offered for sale in this state   unless the manufacturer of the product, before offering the product   for sale to a person or retailer:                (1)  submits an application for the consumable hemp   product to be registered with the department; and                (2)  receives approval that the product is compliant   with this chapter, registered, and approved for sale in this state.          (b)  The department shall issue a unique product   registration number to each consumable hemp product approved by the   department.          (c)  A manufacturer applying to register a consumable hemp   product under this section shall pay an application fee to the   department in the amount of $500 for each consumable hemp product.          (d)  The department shall maintain an updated product   registration list on the department's public Internet website,   which must include front and back identifying pictures of each   registered product.          (e)  Each consumable hemp product, including the container   and package, if applicable, must be labeled with:                (1)  a QR code that links:                      (A)  to the department's product registration   list under Subsection (d); and                      (B)  to the identifying picture of the product   provided on registration of the product with the department under   Subsection (d) for the purpose of confirming registration of the   product and allowing verification of the product by law   enforcement; and                (2)  the following message placed adjacent to the   required QR code on the label: "SCAN QR CODE BEFORE PURCHASE".          (f)  The department may not approve for sale a consumable   hemp product that:                (1)  contains any artificial or synthetic   cannabinoids; or                (2)  contains, is mixed with, or is marketed as   containing or being mixed with any alcohol, tobacco, nicotine,   kratom, kava, mushrooms, tianeptine, or a derivative of any of   those substances.          (g)  A person commits an offense if the person distributes,   delivers, sells, purchases, possesses, or uses a consumable hemp   product that is not registered with the department as provided by   this section.          (h)  An offense under this section is a Class B misdemeanor.          (i)  A person is presumed to know a consumable hemp product   is prohibited under this chapter if the product is not listed on the   department's Internet website as required by Subsection (d) or does   not have a valid QR code under Subsection (e).          (j)  The executive commissioner shall adopt rules to   implement and administer this section.          SECTION 13.  Section 443.203, Health and Safety Code, is   amended to read as follows:          Sec. 443.203.  DECEPTIVE TRADE PRACTICE.  (a)  A person who   sells, offers for sale, or distributes a consumable hemp product   [cannabinoid oil, including cannabidiol oil,] that the person   claims is processed or manufactured in compliance with this chapter   commits a false, misleading, or deceptive act or practice   actionable under Subchapter E, Chapter 17, Business & Commerce   Code, if the product [oil] is not processed or manufactured in   accordance with this chapter.          (b)  A person who sells, offers for sale, or distributes a   consumable hemp product [cannabinoid oil] commits a false,   misleading, or deceptive act or practice actionable under   Subchapter E, Chapter 17, Business & Commerce Code, if [the oil]:                (1)  the product contains harmful ingredients;                (2)  the product is not produced in compliance with 7   U.S.C. Chapter 38, Subchapter VII; [or]                (3)  the product contains any amount of a cannabinoid   other than cannabidiol or cannabigerol; or                (4)  the product's packaging or advertising indicates   that the product is for medical use [has a delta-9   tetrahydrocannabinol concentration of more than 0.3 percent].          SECTION 14.  Section 443.204, Health and Safety Code, is   amended to read as follows:          Sec. 443.204.  RULES RELATED TO [SALE OF] CONSUMABLE HEMP   PRODUCTS.  Rules adopted by the executive commissioner regulating   [the sale of] consumable hemp products must be at least as stringent   as [to the extent allowable by] federal law and must 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   considered foods, not controlled substances or adulterated   products;                [(3)]  consumable hemp products must be packaged and   labeled in the manner provided by Section 443.205; and                (2) [(4)]  the processing, [or] manufacturing, or   retail sale of a consumable hemp product for smoking is prohibited.          SECTION 15.  Sections 443.205(a) and (c), Health and Safety   Code, are amended to read as follows:          (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:                (1)  labeled in the manner provided by this subchapter,   including [section with] the following information:                      (A) [(1)]  batch identification number;                      (B) [(2)]  batch date;                      (C) [(3)]  product name;                      (D) [(4)]  a uniform resource locator (URL) that   provides or links to a certificate of analysis for the product or   each hemp-derived ingredient of the product;                      (E) [(5)]  the name of the product's   manufacturer;                      (F)  the amount of cannabidiol or cannabigerol in   each serving or unit of the product; [and]                      (G) [(6)]  a certification that there is no   detectable amount of any cannabinoid other than cannabidiol or   cannabigerol in the product; and                      (H)  the cannabinoid concentration on a   dry-weight basis of each hemp-derived ingredient in the product;   and                (2)  prepackaged or placed at the time of sale in   packaging or a container that is:                      (A)  tamper-evident;                      (B)  child-resistant; and                      (C)  if the product contains multiple servings or   consists of multiple products purchased in one transaction,   resealable in a manner that allows the child-resistant mechanism to   remain intact [the delta-9 tetrahydrocannabinol concentration of   the product or each hemp-derived ingredient of the product is not   more than 0.3 percent].          (c)  The label required by Subsection (a) must appear on the   outer packaging of each unit of the product intended for individual   retail sale.  [If that unit includes inner and outer packaging, the   label may appear on any of that packaging.]          SECTION 16.  Subchapter E, Chapter 443, Health and Safety   Code, is amended by adding Sections 443.2054, 443.2055, and   443.2056 to read as follows:          Sec. 443.2054.  PROHIBITED DISPLAY OF CONSUMABLE HEMP   PRODUCTS.  The owner of a store in which consumable hemp products   are sold, or an employee of the owner, may not display consumable   hemp products for sale adjacent to products that are legal for   minors to consume.          Sec. 443.2055.  OFFENSE: MARKETING OR PACKAGING OF   CONSUMABLE HEMP PRODUCT IN MANNER ATTRACTIVE TO MINORS. (a)  A   person commits an offense if the person markets, advertises, sells,   or causes to be sold a consumable hemp product containing a   hemp-derived cannabinoid that:                (1)  is in the shape of a human, animal, fruit, or   cartoon or in another shape that is attractive to minors; or                (2)  is in packaging or a container that:                      (A)  is in the shape of a human, animal, fruit, or   cartoon or in another shape that is attractive to minors;                      (B)  depicts an image of a human, animal, fruit,   or cartoon or another image that is attractive to minors;                      (C)  imitates or mimics trademarks or trade dress   of products that are or have been primarily marketed to minors;                      (D)  includes a symbol that is primarily used to   market products to minors;                      (E)  includes an image or a name of a celebrity; or                      (F)  includes an image that resembles a food   product, including candy or juice.          (b)  In this section, a cartoon includes a depiction of an   object, person, animal, creature, or any similar caricature that:                (1)  uses comically exaggerated features and   attributes;                (2)  assigns human characteristics to animals, plants,   or other objects; or                (3)  has unnatural or extra-human abilities, such as   imperviousness to pain or injury, x-ray vision, tunneling at very   high speeds, or transformation.          (c)  An offense under this section is a Class A misdemeanor.          Sec. 443.2056.  OFFENSE: MISLEADING CONSUMABLE HEMP   PACKAGING.  (a)  A person commits an offense if the person sells or   offers for sale a consumable hemp product that contains or is   marketed as containing hemp-derived cannabinoids in a package that   depicts any statement, artwork, or design that would likely mislead   a person to believe:                (1)  the package does not contain a hemp-derived   cannabinoid; or                (2)  the product is intended for medical use, including   by depicting a green cross.          (b)  An offense under this section is a Class A misdemeanor.          SECTION 17.  Section 443.206, Health and Safety Code, is   amended to read as follows:          Sec. 443.206.  RETAIL SALE OF OUT-OF-STATE CONSUMABLE HEMP   PRODUCTS.  Retail sales of consumable hemp products processed or   manufactured outside of this state may be made in this state when   the products were processed or manufactured in another state or   jurisdiction if the products:                (1)  were manufactured or processed in compliance with:                      (A) [(1)]  that state's [state] or jurisdiction's   plan approved by the United States Department of Agriculture under   7 U.S.C. Section 1639p;                      (B) [(2)]  a plan established under 7 U.S.C.   Section 1639q if that plan applies to the state or jurisdiction; or                      (C) [(3)]  the laws of that state or jurisdiction   if the products are tested in accordance with[, or in a manner   similar to,] Section 443.151;                (2)  do not contain any amount of a cannabinoid other   than cannabidiol or cannabigerol;                (3)  are tested, packaged, and labeled in the manner   provided by this subchapter;                (4)  are registered under Section 443.2026; and                (5)  are not prohibited for introduction into   interstate commerce under the Federal Food, Drug, and Cosmetic Act   (21 U.S.C. Section 301 et seq.) and federal regulations and   guidelines adopted under that Act.          SECTION 18.  Section 443.207, Health and Safety Code, is   amended to read as follows:          Sec. 443.207.  TRANSPORTATION AND EXPORTATION OF CONSUMABLE   HEMP PRODUCTS OUT OF STATE.  (a) Consumable 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, provided the   consumable hemp products are not prohibited for introduction into   interstate commerce under the Federal Food, Drug, and Cosmetic Act   (21 U.S.C. Section 301 et seq.) and federal regulations and   guidelines adopted under that Act.          (b)  To the extent of a conflict between a provision of this   chapter and a provision of federal law involving interstate   transportation of consumable hemp products, including a United   States Food and Drug Administration regulation, federal law   controls and conflicting provisions of this chapter do not apply.          SECTION 19.  Chapter 443, Health and Safety Code, is amended   by adding Subchapters F and G to read as follows:   SUBCHAPTER F.  CRIMINAL OFFENSES          Sec. 443.251.  OFFENSE: MANUFACTURE, DELIVERY, OR   POSSESSION WITH INTENT TO DELIVER OF CERTAIN CONSUMABLE HEMP   PRODUCTS. (a) A person commits an offense if the person knowingly   manufactures, delivers, or possesses with intent to deliver a   consumable hemp product that contains any amount of a cannabinoid   other than cannabidiol or cannabigerol.          (b)  An offense under this section is a felony of the third   degree.          (c)  If conduct constituting an offense under this section   also constitutes an offense under another law, the actor may be   prosecuted under this section, the other law, or both.          Sec. 443.252.  OFFENSE: POSSESSION OF CERTAIN CONSUMABLE   HEMP PRODUCTS.  (a)  A person commits an offense if the person   knowingly or intentionally possesses a consumable hemp product that   contains any amount of a cannabinoid other than cannabidiol or   cannabigerol.          (b)  It is a defense to prosecution under this section that   the actor:                (1)  requested emergency medical assistance in   response to the person's own possible overdose or the possible   overdose of another person; and                (2)  if the person requested emergency medical   assistance for the possible overdose of another person:                      (A)  remained on the scene until medical   assistance arrived; and                      (B)  cooperated with medical assistance and law   enforcement personnel on the scene.          (c)  An offense under this section is a Class C misdemeanor,   except that if it is shown on the trial of the offense that at the   time of the offense the actor has been previously convicted of an   offense under this section two or more times, the offense is a   misdemeanor punishable by:                (1)  a fine of not less than $250 and not more than   $2,000;                (2)  confinement in jail for a term not to exceed 180   days; or                (3)  both the fine and the confinement.          (d)  The court shall order:                (1)  a person placed on deferred disposition for or   convicted of an offense under this section to:                      (A)  perform community service for:                            (i)  not less than 8 or more than 12 hours if   the person has not been previously convicted of an offense under   this section; or                            (ii)  not less than 20 or more than 40 hours   if the person has been previously convicted of an offense under this   section; and                      (B)  successfully complete a substance misuse   education program under Section 521.374(a)(1), Transportation   Code, that is regulated by the Texas Department of Licensing and   Regulation under Chapter 171, Government Code; and                (2)  the Department of Public Safety to suspend the   driver's license or permit of a person convicted of an offense under   this section or, if the person 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 person has not been   previously convicted of an offense under this section;                      (B)  60 days, if the person has been previously   convicted once of an offense under this section; or                      (C)  180 days, if the person has been previously   convicted twice or more of an offense under this section.          (e)  A driver's license suspension under Subsection (d)(2)   takes effect on the 11th day after the date the person is convicted.          (f)  A person who has been previously convicted of an offense   under this section two or more times is not eligible to receive   deferred disposition or deferred adjudication for an offense under   this section.          (g)  Community service ordered under Subsection (d) must be   related to education about or prevention of misuse of drugs if a   program or service providing that education or prevention is   available in the county in which the court is located.  If a program   or service providing that education or prevention is not available   in the county, the court may order community service appropriate   for rehabilitative purposes.  The education program under   Subsection (d)(1)(B) is in addition to community service ordered   under this section.          (h)  For the purpose of determining whether a person has been   previously convicted of an offense under this section:                (1)  an adjudication under Title 3, Family Code, that   the person engaged in conduct described by this section is   considered a conviction of an offense under this section; and                (2)  an order of deferred disposition for an offense   alleged under this section is considered a conviction of an offense   under this section.          (i)  If conduct constituting an offense under this section   also constitutes an offense under another law, the actor may be   prosecuted under this section, the other law, or both.          Sec. 443.253.  OFFENSE: SALE OR DISTRIBUTION OF CERTAIN   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 a consumable hemp product   that contains or is marketed as containing hemp-derived   cannabinoids to a person who is younger than 21 years of age.          (b)  An employee of the owner of a store in which consumable   hemp products that contain or are marketed as containing   hemp-derived cannabinoids are sold at retail is criminally   responsible and subject to prosecution for an offense under this   section that occurs in connection with a sale by the employee.          (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 presented to   the defendant apparently valid proof of identification.          (e)  A proof of identification satisfies the requirements of   Subsection (d) if it is presented in person and contains a physical   description and photograph consistent with the person's   appearance, purports to establish that 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. 443.254.  OFFENSE: MANUFACTURE, DISTRIBUTION, OR SALE   OF CONSUMABLE HEMP PRODUCTS FOR SMOKING.  (a)  A person commits an   offense if the person manufactures, distributes, sells, or offers   for sale a consumable hemp product for smoking.          (b)  An offense under this section is a Class B misdemeanor.          Sec. 443.255.  OFFENSE: SALE OR DELIVERY OF CERTAIN   CONSUMABLE HEMP PRODUCTS NEAR SCHOOL.  (a)  In this section,   "school" and "premises" have the meanings assigned by Section   481.134.          (b)  A person commits an offense if the person sells, offers   for sale, or delivers a consumable hemp product containing a   hemp-derived cannabinoid in, on, or within 1,000 feet of the   premises of a school.          (c)  An offense under this section is a Class B misdemeanor.          Sec. 443.256.  OFFENSE: PROVISION OF CERTAIN CONSUMABLE HEMP   PRODUCT BY COURIER, DELIVERY, OR MAIL SERVICE.  (a)  A person   commits an offense if the person provides a consumable hemp product   containing a hemp-derived cannabinoid by courier, delivery, or mail   service.          (b)  An offense under this section is a Class A misdemeanor.          Sec. 443.257.  OFFENSE: FALSE LABORATORY REPORT.  (a)  A   person commits an offense if the person, with the intent to deceive,   forges, falsifies, or alters the results of a laboratory test   authorized or required by this chapter.          (b)  An offense under this section is a felony of the third   degree.          Sec. 443.258.  OFFENSE: MANUFACTURING OR SELLING WITHOUT   LICENSE OR REGISTRATION. (a) A person commits an offense if the   person:                (1)  processes hemp or manufactures a consumable hemp   product without a license issued under Subchapter C; or                (2)  sells at retail or offers for sale at retail a   consumable hemp product without registering as a retailer under   Section 443.2025.          (b)  An offense under this section is a felony of the third   degree.   SUBCHAPTER G. ADMINISTRATIVE ENFORCEMENT          Sec. 443.301.  ENFORCEMENT BY DEPARTMENT. (a)  The   department shall receive and investigate complaints concerning   violations of this chapter by:                (1)  a license holder under Subchapter C; or                (2)  a registrant under Section 443.2025.          (b)  The department may revoke, suspend, or refuse to renew a   license or registration for a violation of this chapter or a rule   adopted under this chapter.          (c)  The department may impose an administrative penalty in   an amount not to exceed $10,000 against a license holder or   registrant for each violation of this chapter or a rule adopted   under this chapter.          (d)  A proceeding under this section is a contested case   under Chapter 2001, Government Code.          SECTION 20.  The following provisions of the Health and   Safety Code are repealed:                (1)  Section 443.151(e);                (2)  Sections 443.201 and 443.202; and                (3)  Sections 443.2025(a) and (c).          SECTION 21.  Not later than February 1, 2026, the executive   commissioner of the Health and Human Services Commission shall   adopt the rules required by Section 443.2026, Health and Safety   Code, as added by this Act.          SECTION 22.  (a)  Except as otherwise provided by Subsection   (b) of this section, the changes in law made by this Act apply to the   manufacture, sale, delivery, display, or possession of a consumable   hemp product that occurs on or after the effective date of this Act.   The manufacture, sale, delivery, display, or possession of a   consumable hemp product that occurs before the effective date of   this Act is governed by the law in effect on the date the   manufacture, sale, delivery, display, or possession occurred and   the former law is continued in effect for that purpose.          (b)  A person selling consumable hemp products on the   effective date of this Act is not required to register a product   under Section 443.2026, Health and Safety Code, as added by this   Act, before March 1, 2026.          SECTION 23.  It is the intent of the legislature that every   provision, section, subsection, sentence, clause, phrase, or word   in this Act, and every application of the provisions in this Act to   every person, group of persons, or circumstances, is severable from   each other.  If any application of any provision in this Act to any   person, group of persons, or circumstances is found by a court to be   invalid for any reason, the remaining applications of that   provision to all other persons and circumstances shall be severed   and may not be affected.          SECTION 24.  This Act takes effect on the 91st day after the   last day of the legislative session.     * * * * *