| (a) Any person who wishes to produce, handle, or sample
and collect hemp at any location in the State of Texas shall submit
to the Department annually a completed license application in a form
prescribed by the Department.
(b) A person who does not hold a valid license from
the Department shall not produce, handle, or sample and collect hemp
within the State of Texas.
(c) An applicant shall pay the required annual fee
for each application, renewal or modification of a license.
(d) A license shall not be issued unless:
(1) the application is submitted online to the Department;
(2) the application is complete and accurate;
(3) the applicant has completed a Department mandatory
orientation course;
(4) the applicant for a sampler license has completed
an additional Department sampling and collection training course;
(5) the applicant has paid all required fees, in the
amounts established by the Department or statute;
(6) the applicant's criminal history confirms that
all key participants covered by the license have not been convicted
of a felony, under state or federal law, relating to a controlled
substance within the past ten (10) years, unless the person was lawfully
growing hemp under the 2014 Farm Bill before December 20, 2018, and
whose conviction also occurred before December 20, 2018;
(7) the application contains no false statements or
misrepresentations and the applicant has not previously submitted
an application with any false statements or misrepresentations; and
(8) the applicant's hemp license has not been terminated
or suspended.
(e) Each applicant shall provide the following information
for each license application:
(1) full name, Texas address, telephone number, and
email address;
(2) if the applicant is submitting an application on
behalf of an entity, the full name of the entity, the principal Texas
business location address, the full names, titles, addresses, and
emails of key participants, the full name, title, and email of the
applicant who will have signing authority, and the Texas taxpayer
ID number;
(3) for a producer or handler license:
(A) street address and geospatial location including
GPS for each facility where hemp will be cultivated or stored; and
(B) proof of ownership or control over the location
where hemp will be cultivated or stored; and
(4) all other information required by the Department.
(f) Licenses will not be automatically renewed, and
must be renewed annually prior to license expiration. Renewal applications
are subject to the same terms, information collection requirements,
and approval criteria as required for initial applications.
(g) A license holder must submit a license modification
if there is any change to the information submitted in the application
including, but not limited to, sale of a business, a change in or
new location of the facility for the production, handling, or storage
of hemp in Texas, or a change in the key participants.
(h) The Department shall notify each applicant by letter
or email of the denial or approval of the person's application.
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