Texas Register, Volume 45, Number 2, Pages 235-438, January 10, 2020 Page: 245
This periodical is part of the collection entitled: Texas Register and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
PROPOSED
Proposed rules include new rules, amendments to existing rules, and repeals of existing rules.
UL ESA state agency shall give at least 30 days' notice of its intention to adopt a rule before it
adopts the rule. A state agency shall give all interested persons a reasonable opportunity to
submit data, views, or arguments, orally or in writing (Government Code, Chapter 2001).
Symbols in proposed rule text. Proposed new language is indicated by underlined text. [k]
indicate existing rule text that is proposed for deletion. "(No change)" indicates that existing rule text at this level will not be
amended.TITLE 4. AGRICULTURE
PART 1. TEXAS DEPARTMENT OF
AGRICULTURE
CHAPTER 24. HEMP PROGRAM
The Texas Department of Agriculture (TDA or the Department)
proposes new Title 4, Part 1, Chapter 24, Hemp Program, Sub-
chapter A, General Provisions, 24.1 - 24.4, relating to General
Provisions; Subchapter B, Fees, 24.5 - 24.7; Subchapter C,
Licensing, 24.8 - 24.19; Subchapter D, Inspections, Sampling
and Collection, 24.20 - 24.23; Subchapter E, Testing, 24.24
- 24.29; Subchapter F, Disposal, 24.30 and 24.31; Subchapter
G, Enforcement, 24.32 - 24.38; Subchapter H, Transportation,
24.39 - 24.43; Subchapter I, Hemp Seed, 24.44 - 24.48;
and Subchapter J, Agricultural or Academic Hemp Related Re-
search, 24.49 and 24.50. The proposed new rules are for
TDA's administration of hemp production to comply with therAgri-
cultural Improvement Act of 2018 (2018 Farm Bill) enacted by the
115th United States Congress, and House Bill 1325 (HB 1325)
enacted by the 86th Texas Legislature. The proposed rules will
regulate and license the growth and distribution of hemp and
nonconsumable hemp products in Texas.
Phillip Wright, Administrator for Agriculture and Consumer Pro-
tection, Texas Department of Agriculture, has determined that
there will be significant fiscal impact to state government as a
result of implementing the proposed rules. The program and all
associated direct and indirect costs will be absorbed by TDA dur-
ing the first year at a minimum. TDA does not expect any cost to
local governments at this time. As hemp production has not been
legal in Texas, TDA lacks sufficient information to estimate rev-
enues or engage in cost recovery calculations for this program at
this time. However, TDA anticipates that it will be able to recover
the costs of the program based on the number of licenses issued
and sampling conducted. As a reference, Kentucky Department
of Agriculture issued 1030 applications and 1000 permits, and
the Tennessee Department of Agriculture received 2600 applica-
tions for the 2019 growing season under their Hemp Research
Pilot Programs, which limited hemp production to research pur-
poses only, in accordance with the Agriculture Act of 2014. Since
the proposed rules allow for hemp production outside and be-
yond research purposes, insaccordance with the 2018 Farm Bill
and HB 1325, TDA anticipates a higher number of applications
received and permits issued for Texas' 2020 growing season
compared to Kentucky's and Tennessee's 2019 growing season.
Mr. Wright has also determined that for each year of the first
five years the proposed rules are in effect, the anticipated pub-
lic benefit as a result of administering the proposed rules will be
to provide Texas farmers with new agricultural opportunities to
produce and handle hemp. As with many state regulations, af-fected producers and industry will absorb costs associated with
the compliance of these rules. However, TDA lacks sufficient
data to quantify the effect on small and micro-businesses at this
time. The cost of compliance with the rules related to hemp pro-
duction will depend on various factors, including the size of the
operation. TDA does not anticipate that there will be an adverse
fiscal impact on rural communities related to the implementation
of this proposal. Any potential increases in the cost of doing
business will be offset by the increased marketing and sales op-
portunities for Texas producers.
Mr. Wright has also provided the following information related to
the government growth impact statement, as required pursuant
to Texas Government Code, 2001.0221. As a result of imple-
menting the proposal, for the first five years the proposed rules
are in effect:
(1) the TDA Hemp Program will be created;
(2) an additional 7.1 full time employee positions may be created
over the course of 5 years, and no existing Department staff po-
sitions will be eliminated; and
(3) there may be an increase in future legislative appropriations
to the Department of at least $3,127,336 to cover costs to include
the creation of new employee positions, and the regulation and
administration of the hemp program, over the course of 5 years.
Additionally, Mr. Wright has determined that for the first five
years the proposed rules are in effect:
(1) there will be an increase in fees paid to the Department, as
this program is entirely new and TDA is required to assess li-
cense and/or inspection fees in order to implement or finance
this program;
(2) new regulations will be created by the proposal;
(3) the number of individuals subject to the proposal will in-
crease, as this is a new program; and
(4) the proposal will positively affect the Texas economy by al-
lowing producers to grow hemp in the State.
The Texas Department of Agriculture invites comments on the
proposed new rules from any member of the public. Comments
may be submitted to Philip Wright, Administrator for Agriculture
and Consumer Protection, Texas Department of Agriculture,
P.O. Box 12847, Austin, Texas 78711, or by email to RuleCom-
ments@TexasAgriculture.gov Comments must be received by
TDA no later than Monday, Febuary 10, 2020.
SUBCHAPTER A. GENERAL PROVISIONS
4 TAC 24.1 - 24.4
New Title 4, Part 1, Chapter 24, Hemp Program, Subchapters
A through J, is proposed in compliance with the 2018 Farm BillPROPOSED RULES January 10, 2020 45 TexReg 245
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 45, Number 2, Pages 235-438, January 10, 2020, periodical, January 10, 2020; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1221935/m1/11/: accessed June 11, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.