Section 24.8 - License Application(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.4 Tex. Admin. Code § 24.8
Adopted by Texas Register, Volume 45, Number 10, March 6, 2020, TexReg 1667, eff. 3/11/2020