Perry Hemp Bill Sets A Flat $20K Yearly Fee Per Store

The text as introduced · 578 words

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.