SB2142 - Relating to the creation of the consumable hemp products account in the general revenue fund and imposing fees for licensing manufacturers of consumable hemp products and registering certain retailers of consumable hemp products.

  89R15179 LHC-F     By: Perry S.B. No. 2142       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the consumable hemp products account in   the general revenue fund and imposing fees for licensing   manufacturers of consumable hemp products and registering certain   retailers of consumable hemp products.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 431.011, Health and Safety Code, is   amended by adding Subsection (d) to read as follows:           (d)     A penalty collected for a violation of this chapter   involving a consumable hemp product shall be deposited to the   credit of the consumable hemp products account established by   Section 443.005.          SECTION 2.  Subchapter A, Chapter 443, Health and Safety   Code, is amended by adding Section 443.005 to read as follows:           Sec.   443.005.     CONSUMABLE HEMP PRODUCTS ACCOUNT. (a) The   consumable hemp products 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 collected under this chapter;                 (4)  penalties for a violation of:                       (A)  this chapter; or                       (B)     Chapter 431, if the violation related to a   consumable hemp product;                 (5)     interest and income earned on the investment of   money in the account; and                 (6)     money 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:                 (1)  this chapter; and                 (2)     provisions of Chapter 431 relating to a consumable   hemp product.           (d)     Money received under Subsection (c) shall be deposited   in the account.           (e)     Money in the account may be appropriated only to the   department for the administration and enforcement of:                 (1)  this chapter; and                 (2)     provisions of Chapter 431 relating to a consumable   hemp product.          SECTION 3.  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 4.  Section 443.2025(f), Health and Safety Code, is   amended to read as follows:          (f)   The owner of a location at which consumable hemp   products containing cannabidiol 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 ].          SECTION 5.  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, 2025.