THC regulation, protecting victims of human trafficking up for consideration in upcoming special legislative session
AUSTIN (Nexstar) -- Governor Greg Abbott is calling Texas lawmakers back to Austin for a special legislative session to begin on July 21. Currently, the governor has identified six vetoed bills that are up for further consideration.
Chief among the list is the highly scrutinized Senate Bill 3, which would have outlawed all consumable hemp products containing THC, the intoxicating chemical found in cannabis. In his veto proclamation, the governor made it clear he wants the legislature to look at regulating the hemp industry over a complete ban.
He argues the way SB 3 is currently written would be legally fought for years to come. "If I were to allow Senate Bill 3 to become law, its enforcement would be enjoined for years, leaving
existing abuses unaddressed. Texas cannot afford to wait," Abbott wrote.
At one point in its legislative lifespan, SB 3 was not structured as a complete ban on THC products. State Rep. Ken King, R- Canadian, substantially changed the bill in the House Committee on State Affairs. It allowed the hemp industry to continue manufacturing hemp drinks and tinctures, and “other consumable forms as long as they do not resemble a common snack marketed to children," according to a summary of the bill changes.
The King version of the bill also created a regulatory framework for those products that would have been carried about by the Texas Alcoholic Beverage Commission and the Department of State Health Services.
“It allows for some hemp sales to be continued. It bans vapes. It bans vape shops. It bans all synthetics. Delta-9, the natural flower that’s grown and sold in Texas, would remain,” King said.
The bill was ultimately changed back to its original state after an amendment by State Rep. Tom Oliverson, R-Cypress, on the House floor.
Lt. Gov. Dan Patrick had been a champion of the bill the entire session, making it one of his top priorities before the session started. He had called these products "poison" to the community and would not settle for anything less than an outright ban.
He took to social media late Sunday night to express his frustration with the governor's decision. "His late-night veto, on an issue supported by 105 of 108 Republicans in the legislature, strongly backed by law enforcement, many in the medical and education communities, and the families who have seen their loved ones’ lives destroyed by these very dangerous drugs, leaves them feeling abandoned. I feel especially bad for those who testified and poured their hearts out on their tragic losses," Patrick wrote on his official X account.
Senate Bill 1278: Protecting victims of human trafficking
Texas lawmakers overwhelmingly passed a piece of legislation this session that would provide a defense for the victims of human trafficking who were convicted of a crime they committed while being trafficked.
State Sen. Tan Parker, R-Flower Mound, authored SB 1278 to address this issue. The bill would establish an affirmative defense, "if the survivor can demonstrate that their conduct was coerced or committed under duress or that they, or a member of their family or household, were threatened with imminent death or serious bodily injury as a victim of trafficking of persons and compelling prostitution," according to a bill analysis.
Gov. Abbott vetoed the bill because he felt it went too far. The governor argues the bill separates the link between culpability and conduct. He writes in his veto proclamation, "That means a person could be immune not only for acts of prostitution that are linked to their own prior victimization, but also for raping a child, murdering a law enforcement officer, or engaging in acts of terrorism. We can and should recognize that victimization begets more victimization. But legal responsibility cannot always be passed off to someone else. Some who started off as victims later make a choice to perpetrate similar crimes against others."
Senate Bill 648: Addressing deed fraud
SB 648 looks to create protections against a form of identity theft that targets property ownership. It would require more steps when filing an instrument conveying real property, like the deed to a home.
The bill was authored by State Sen. Royce West, D-Dallas, who told the the Senate Business and Commerce Committee that this type of theft allows someone to successfully forge your property deed and transfer the ownership of your property to their name without your consent.
Gov. Abbott vetoed the bill because he said it imposes barriers that will burden low-income Texans. "The bill would require property owners-but only those who have not retained an attorney or title agent-to jump through additional hoops, like producing every named heir to execute an affidavit of heirship," Abbott wrote in his veto proclamation.
Senate Bill 1253: Encouraging water conservation from developers
Developers are charged impact fees by local governments for new developments and the costs associated with adding new wastewater and water infrastructure. SB 1253 would incentivize developers to install efficient water and wastewater infrastructure and appliances in their buildings in return for credits on the impact fees.
Gov. Abbott took issue with an amendment added to the bill in the House on the third reading. Abbott said the bill "dramatically" changed the bill because it singled out property owners in "one groundwater conservation district and subjects them to new burdens for exercising private property rights," according to the governor's veto proclamation.
Senate Bill 1758: Studying the relationship between a cement kiln and semiconductor manufacturing
In Grayson county there is a unique situation. A private company is trying to establish a cement kiln to ramp up cement production. However, the proposed cement kiln facility is located near already established semiconductor manufacturing facilities.
The concern is the cement plant would create vibrational disturbances that would impact the work of the semiconductor plants. SB 1758 mandates an environmental study on the seismic impact the cement plant would have.
The governor did not sign this bill and let it become law, but it is still being placed on the special session agenda. Abbott appears to take issue with the five-year moratorium placed on the cement plant after the study is completed, no matter the results. The governor believes this bill could be unconstitutional.
"Governments may not use regulatory power to upset 'distinct investment-backed expectations' in property based on surmise-at least not without furnishing adequate compensation," Abbott wrote in his veto proclamation.
Senate Bill 2878: Judicial omnibus bill
SB 2878 is a 139-page omnibus bill that deals with new courts, changes to judicial administration, and changes to jurisdiction. But the governor said the bill contains "significant, standalone policy proposals that failed to receive adequate consideration during the legislative session."
The governor pointed out a provision in the bill that would allow unlimited automatic expunctions for completing any pretrial intervention program. The governor did say most of the bill should become law but that parts of it needed to be taken out.
Other items being looked at
These are the current bills under up for consideration in the special session, but more could be added later on.
Patrick said he would like to see bail reform placed on the special session during a news conference discussing the THC-ban bill veto.
Reporters also asked Patrick about a report that the White House wants Texas to redraw its congressional districts for the U.S. House of Representatives.
"I'll just say that if we can pick up Republican seats in Texas to make Congress stronger, after what the Democrats did to our country in the last four years, and what they're still going criticizing the President of the United States," Patrick responded. "Want to impeach him for protecting American lives by taking out an Iranian nuclear threat to the world. I want more Republican Congressmen."