Texas HB 36 Could this be the New Texas?

A BILL TO BE ENTITLED... AN ACT

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August 20, 2025

	relating to prohibiting the sale, delivery, or purchase of a
	consumable hemp product to or by a person younger than 21 years of
	age, the entry onto the premises of a retailer of consumable hemp
	products by a person younger than 21 years of age, and the
	employment by a retailer of consumable hemp products of a person
	younger than 21 years of age; creating criminal offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 443.001, Health and Safety Code, is
	amended by adding Subdivision (8-a) to read as follows:
	(8-a)  "Minor" means a person younger than 21 years of
	age.
	SECTION 2.  Subchapter E, Chapter 443, Health and Safety
	Code, is amended by adding Sections 443.208, 443.209, 443.210,
	443.211, and 443.212 to read as follows:
	Sec. 443.208.  CRIMINAL OFFENSE OF PROHIBITED SALE OR
	DELIVERY OF 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, gives, or
	causes to be sold or given a consumable hemp product to a person
	younger than 21 years of age.
	(b)  If an offense under this section occurs in connection
	with a sale by an employee of a retail store in which consumable
	hemp products are sold, the employee is criminally responsible and
	subject to prosecution.
	(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 or given
	presented to the defendant apparently valid proof of
	identification.
	(e)  A proof of identification satisfies the requirements of
	Subsection (d) if it contains a physical description and photograph
	consistent with the person's appearance, purports to establish 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. 443.209.  PURCHASE OF CONSUMABLE HEMP PRODUCT BY MINOR.
	(a) A minor commits an offense if the minor purchases a consumable
	hemp product. A minor does not commit an offense if the minor
	purchases a consumable hemp product under the immediate supervision
	of a commissioned peace officer engaged in enforcing the provisions
	of this chapter.
	(b)  An offense under this section is punishable as provided
	by Section 443.211.
	Sec. 443.210.  ATTEMPT TO PURCHASE CONSUMABLE HEMP PRODUCT
	BY MINOR. (a) A minor commits an offense if, with specific intent
	to commit an offense under Section 443.209, the minor does an act
	amounting to more than mere preparation that tends but fails to
	effect the commission of the offense intended.
	(b)  An offense under this section is punishable as provided
	by Section 443.211.
	Sec. 443.211.  PUNISHMENT FOR CONSUMABLE HEMP
	PRODUCT-RELATED OFFENSE BY MINOR. (a) This section applies to an
	offense under Section 443.209 or 443.210.
	(b)  Except as provided by Subsection (c), an offense to
	which this section applies is a Class C misdemeanor.
	(c)  If it is shown at the trial of the defendant that the
	defendant is a minor who is not a child and who has been previously
	convicted at least twice of an offense to which this section
	applies, the offense is punishable by:
	(1)  a fine of not less than $250 or more than $2,000;
	(2)  confinement in jail for a term not to exceed 180
	days; or
	(3)  both the fine and confinement.
	(d)  In addition to any fine:
	(1)  the court shall order a minor placed on deferred
	disposition for or convicted of an offense to which this section
	applies to perform community service for:
	(A)  not less than eight or more than 12 hours, if
	the minor has not been previously convicted of an offense to which
	this section applies; or
	(B)  not less than 20 or more than 40 hours, if the
	minor has been previously convicted once of an offense to which this
	section applies; and
	(2)  the court shall order the Department of Public
	Safety to suspend the driver's license or permit of a minor
	convicted of an offense to which this section applies or, if the
	minor 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 minor has not been previously
	convicted of an offense to which this section applies;
	(B)  60 days, if the minor has been previously
	convicted once of an offense to which this section applies; or
	(C)  180 days, if the minor has been previously
	convicted twice or more of an offense to which this section applies.
	(e)  Community service ordered under this section must be
	related to education about or prevention of misuse of drugs if
	programs or services providing that education are available in the
	community in which the court is located.  If programs or services
	providing that education are not available, the court may order
	community service that it considers appropriate for rehabilitative
	purposes.
	(f)  In this section:
	(1)  a prior adjudication under Title 3, Family Code,
	that the minor engaged in conduct described by this section is
	considered a conviction; and
	(2)  a prior order of deferred disposition for an
	offense alleged under this section is considered a conviction.
	(g)  In this section, "child" has the meaning assigned by
	Section 51.02, Family Code.
	(h)  A driver's license suspension under this section takes
	effect on the 11th day after the date the minor is convicted.
	(i)  A defendant who is not a child and who has been
	previously convicted at least twice of an offense to which this
	section applies is not eligible to receive a deferred disposition
	or deferred adjudication.
	Sec. 443.212.  AGE REQUIREMENTS. (a)  Except as provided by
	Subsection (b) or other law, a person younger than 21 years of age
	may not be permitted to enter the premises of a retailer of
	consumable hemp products.
	(b)  An owner or employee of a retailer of consumable hemp
	products may not knowingly use or employ any person younger than 21
	years of age to work on the premises of the retailer in any
	capacity. This subsection does not apply to a person who is at
	least 18 years of age and who is employed by the person's parent or
	legal guardian to work in the retailer that is owned by the parent
	or legal guardian.
	SECTION 3.  This Act takes effect January 1, 2026.