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Texas hemp regulation proceeds despite federal restriction

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Texas hemp regulation proceeds despite federal restriction

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The Texas Alcoholic Beverage Commission moved forward on Tuesday with its efforts to regulate the sale of consumable hemp products as questions swirled around the future of the industry due to federal restrictions on the products approved by Congress last week.

A provision of the funding bill for the U.S. Department of Agriculture that ended the longest government shutdown on record also undid a provision of the 2018 farm bill that first allowed Texas’ $8 billion hemp industry to thrive.

The funding bill bans the sale of hemp-derived products with more than 0.4 milligrams of tetrahydrocannabinol, or THC, the psychoactive element also found in marijuana. That provision, which criminalizes almost all consumable hemp products sold across the country, will put Texas’ law in direct conflict with the federal law when it takes effect next November.

In spite of the impending federal restrictions, TABC intends to proceed with the adoption of permanent regulations on the hemp industry in Texas that will replace emergency rules adopted by the commission in September that barred the sale of THC products to anyone younger than 21. Advocates and trade representatives who testified at the TABC meeting Tuesday said they do not expect the federal restrictions to be the final word on the debate.

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“What we understand is this is still a conversation that is happening at (the federal) level,” Shaun Salvaje, a veteran who uses consumable hemp products and an advocate for cannabis reform, told the commission. “You have a unique opportunity to regulate an industry that is built by Texans for Texans.”

The commissioners are following the executive order Gov. Greg Abbott issued in September that directed both TABC and the Department of State Health Services to impose stricter regulations on the hemp businesses they license, like an age restriction on sales to minors and mandatory ID verification at the point of sale.

That executive order came after Abbott in June vetoed a legislative ban on the products and the Legislature was unable to come to a consensus on regulations during two special sessions this summer.

DSHS in October approved its own emergency rules that require sellers of consumable hemp to verify with a valid ID that a customer is at least 21 years old, violations of which may lead to the revocation of a license or registration.

TABC’s latest proposed rules

TABC’s proposed permanent rules were introduced at the Tuesday meeting, and commissioners also voted to begin a public input period that will conclude on Jan. 4. The commission will vote on the formal adoption of the regulations in January.

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TABC’s proposed rules are largely aligned with the emergency rules it approved in September, but pulls back on some of the stricter measures. The new proposal removes a “one strike” provision that allows TABC to revoke the license of any business found to have sold the products to a minor or failed to check ID. The permanent rules allow for the agency to temporarily suspend licenses for less egregious violations.

Two trade group representatives of convenience stores in the state testified that they support a less punitive approach to potential violations, arguing the automatic cancellation under the emergency rules risks putting stores out of business over a simple mistake.

TABC’s permanent rules would apply to businesses that have liquor licenses and sell hemp products, such as restaurants and bars that sell THC drinks and convenience stores that sell both alcohol and THC products.

Further public comment will take place over the coming weeks both submitted and at a public hearing planned for Dec. 11, TABC staff said.

Another fight for the hemp industry

Commissioner Hasan K. Mack said the agency intends to act “regardless of the actions at the federal level.”

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“We’re going to do what the governor tells us we need to do … that’s all we can do right now until we get further guidance from the governor’s office,” Mack said. “There is no benefit in allowing underage Texans to consume hemp products.”

Abbott has not provided additional guidance to the agencies since the federal restrictions were approved, and his office did not respond to a request for comment Tuesday.

The federal restrictions signed by President Donald Trump last week invoke a sense of déjà vu in Texas, where advocates and trade groups sprung into action following the legislative approval of a ban on the sale of the products this spring. After weeks of lobbying the governor’s office, Abbott split from more conservative members of his party and vetoed the ban, citing the industry’s economic impact.

The industry is gearing up for a similar fight, this time in Washington.

“Hemp is too vital to the American economy and to the livelihoods of millions to be dismantled by rushed, politically driven legislation,” the Texas Hemp Business Council said in a statement last week. “As we proved in Texas, we will continue to pursue every legal and legislative option to overturn these harmful provisions and restore a fair, science-based system that continues to protect minors, ensure product safety and preserve the economic opportunities Congress created in 2018.”

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It is also unclear how aggressively the federal restrictions will be enforced once they go into effect. Since 1970, marijuana, hemp’s cousin, has been classified as a Schedule I drug under the Controlled Substances Act, the most restrictive classification, but that prohibition is generally not enforced in states where it is legal. There are 40 states, including Texas, that have medical marijuana programs. In 24 states, marijuana is legal for recreational use.

Like in Texas, all branches of the federal government are controlled by the Republican Party, which has historically been more hostile to recreational cannabis use. However, political winds have changed in recent years.

U.S. Reps. Dan Crenshaw, R-Houston, and Troy Nehls, R-Richmond, both voted in favor of the funding bill that included the restrictions, citing the need to end the government shutdown as quickly as possible. They both also said they oppose the federal restrictions on the hemp industry and hope Congress will address the issue again.

Texas Sen. Ted Cruz was one of two Republican senators to vote in favor of a failed amendment that would have removed the restrictions from the funding bill.

Even Trump, who the White House said was supportive of the restrictions in the funding bill, in September endorsed Medicare coverage of CBD — a cannabidiol substance derived from the cannabis plant that would also likely be federally banned by the new restrictions.

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As cannabis and hemp-derived products have become more common throughout the country, Texas Cannabis Policy director Heather Fazio said much of the taboo around their use has fallen away, allowing for the issue to become more bipartisan. The debate at the federal level comes at a moment where the industry is maturing and ready to wade into the world of political lobbying, Fazio said.

“We’ve come to a place, at least in Texas, where THC is a legal commodity that responsible adults are enjoying, and it came about in a way that was much different than many of us would have expected,” Fazio said. “Now, to have this big wall that we hit at the federal level, thank goodness for the one year lead time we have because I think we’re going to have some significant lobbying efforts step up. For the industry, we need to treat this like a political movement.”



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Texas needs at least $174 billion to avoid water crisis, state says

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Texas needs at least 4 billion to avoid water crisis, state says


AUSTIN (Texas Tribune) — Texas communities will need to spend $174 billion in the next 50 years to avert a severe water crisis, a new state analysis revealed Thursday. That’s more than double the $80 billion projected four years ago, when the Texas Water Development Board last passed a state water plan.

The three-member board presiding over the agency authorized the highly anticipated draft blueprint Thursday, the first administrative step toward adopting the water development board’s plans for the next 50 years. The plan, released every five years, encompasses the projects that 16 regional water planning groups in Texas said are the most urgent, water development board officials said. 

The board’s latest estimates come as the state’s water supply faces numerous threats. Growing communities across Texas are scrambling to secure water, keep up with construction costs and cope with a yearslong drought. This week, Corpus Christi officials said the city may be just months away from declaring a water emergency. Meanwhile, other rural cities by the Coastal Bend are rapidly drilling wells to avoid a crisis. Residents in North Texas have also been bracing for groundwater shortages.

In an effort to restrain the crisis, lawmakers last year called an election in which voters approved a $20 billion boost for communities to use on water-related expenses. The water development board’s estimate shows that what lawmakers proposed on the ballot falls dramatically short of the needed cash, experts said.

“What this number tells me at the end of the day is if we don’t get serious about (funding water projects), there are going to be serious consequences for Texas,” said Perry Fowler, executive director of the Texas Water Infrastructure Network. “Even with the billion-dollar-a-year plan kicking in, it’s not going to be enough to offset the costs of the projects that are going to have to be executed.”

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The new estimate accounts for 3,000 projects, from regional infrastructure upgrades to smaller endeavors such as drilling new water wells. Texas’ water supplies are expected to drop by roughly 10% between 2030 and 2080, according to the water plan. In that same time frame, the maximum amount of water communities can draw is also expected to decline by 9%.

The 80-page plan notes approximately 6,700 recommended strategies that would add water to the state’s dwindling portfolio. The recommendations — which are not accounted for in the cost — include developing new supplies from aquifer storage and recovery, brackish groundwater, desalination and recycled water. It also calls for water conservation.

The report suggested that if Texas does not implement the plans and recommendations, the state is one severe drought away from an estimated $91 billion in economic damages in 2030.

The state’s plan attributes a variety of reasons for the bigger price tag, such as higher costs of construction due to inflation, impacts of the COVID-19 pandemic on supply chains, and a growing backlog of water supply projects.

“There’s a plan that can meet our needs,” said Matt Nelson, deputy executive administrator for the Office of Planning at the water development board, adding that they take their cues from the regional planning groups. “These are local projects that folks need to implement; they’re needed regardless of how they’re funded. It’s important to remember these are not top-down projects or state projects.”

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Experts told The Texas Tribune that the board’s estimate is only a fraction of what Texas communities will need to ensure they have water in 50 years’ time, saying growth and development are outpacing the state’s ability to keep up.

“This is a bigger water plan in terms of volume strategies and capital costs compared to anything we’ve ever seen before,” said Jeremy Mazur, the director of infrastructure and natural resources policy at think tank Texas 2036.

Mazur suggested that the $174 billion only covers water supply projects and does not account for updating aging infrastructure, adding that the actual price could amount to a quarter of a trillion dollars.

“There’s a substantial magnitude with regard to the capital investment needed to both fix our aging and current systems and potentially develop the water infrastructure, water supply projects that we need.“

The report largely confirmed what many water experts have warned regarding threats to the state’s water supply, said Sarah Kirkle, director of policy at the Texas Water Association.

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“Population growth, extreme weather, and economic development needs are all increasing demands on our infrastructure, and the state is going to need more water, sooner,” Kirkle said. “This is all while water projects are becoming more costly and complex because the easiest and cheapest local projects have already been developed.”

Fowler, with the infrastructure network, said he expects the Texas Legislature to take up the issue next year, when lawmakers meet for the 90th legislative session. He said the state should take a bigger role in ensuring that communities can afford their respective water projects.

“It’s going to have to be a top-down priority, there’s no way around it,” he said. “The challenges are so immense that it’s going to take all hands on deck.”

Texas residents have until the end of May to comment on the proposal. Water development board officials must adopt it by January 2027.

Alejandra Martinez contributed to this story.

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This article originally appeared in The Texas Tribune at www.texastribune.org. The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans – and engages with them – about public policy, politics, government and statewide issues.



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Co‑worker confesses to killing missing North Texas man and stealing his car, police say

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Co‑worker confesses to killing missing North Texas man and stealing his car, police say



A North Texas man reported missing earlier this week was found dead Friday, and police say a co‑worker has confessed to fatally shooting him and stealing his car.

The suspect, Gregory D. Lewis, 34, remains in custody and faces a forthcoming capital murder charge, according to the Fort Worth Police Department. 

Lewis is accused of killing 31‑year‑old Thomas King, who had been last seen in his Taco Casa work uniform. King was reported missing on Tuesday after failing to return home Monday from the fast‑food restaurant in the 1100 block of Bridgewood Drive.

Car found at Arlington motel 

Police said King’s car was found at the Quality Inn on I‑20 in Arlington, and surveillance video showed Lewis arriving in King’s vehicle shortly after King left work. 

Detectives identified the man in the video and arrested him on unrelated charges.

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  Gregory D. Lewis, 34

Tarrant County Jail


Body discovered on Fort Worth’s East Side 

King’s body was located on Friday in an open field on Fort Worth’s East Side, authorities said. 

According to police, Lewis confessed to shooting the victim and stealing his car. 

Medical examiner review pending 

The Tarrant County Medical Examiner will determine the cause of death. 

CBS News Texas has reached out to Taco Casa for comment.



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Exclusive | Mexican mayor urged relatives in US to vote for Texas Dem for Congress who would ‘take care’ of their city

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Exclusive | Mexican mayor urged relatives in US to vote for Texas Dem for Congress who would ‘take care’ of their city


WASHINGTON — A Mexican mayor earlier this month urged her constituents to get their relatives in Texas to vote for House Democratic candidate Bobby Pulido because he would “take care” of their city if elected to Congress.

“We need to get out the vote for him,” said Patricia Frinee Cantú Garza, mayor of General Bravo in Nuevo León, less than two hours from the US border, in a recent Spanish-speaking Facebook reel,which The Post reviewed and translated.

“Talk to your families in the United States. Make sure they go vote,” Garza added, noting that she would be presenting the keys to the city to Pulido, a two-time Latin Grammy winner, on April 3.

A Mexican mayor earlier this month urged residents of her municipality to get their relatives in Texas to vote for House Democratic candidate Bobby Pulido because he would “take care” of their city if elected to Congress. Politigranja/ Facebook

“When he becomes a congressman,” she also said, “we want him to take care of Bravo.”

The city ceremony celebrating Pulido in General Bravo never received enough funding and was cancelled, the Mexican outlet El Norte reported.

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Pulido has headlined concerts in General Bravo as recently as November 2023. Local officials promoted the show and the current mayor and her husband, then-mayor Edgar Cantu Fernandez, appeared.

“Bobby doesn’t know the mayor and has never met her,” a Pulido campaign spokesperson said in a statement. “He declined the invitation, didn’t attend the event, and isn’t responsible for unsolicited comments made by other people.”

Bradley Smith, a former chairman of the Federal Election Commission, said the statements wouldn’t pose legal or ethical issues for Pulido — but that the remarks may have a political cost, given the focus on foreign involvement in US elections in recent years.

“Bobby doesn’t know the mayor and has never met her,” a Pulido campaign spokesperson said in a statement. Bobby Pulido for Texas

“If you were making financial contributions, that would be a different thing, but just to exhort people to vote,” Smith said, “I don’t think that’s going to be a problem for them.”

Jessica Furst Johnson, a partner at the Republican-aligned campaign finance and election law firm Lex Politica, noted that event appeared to function as an in-kind contribution to Pulido’s campaign but it would be difficult to determine without “more details.”

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Congressional Republicans have thus far failed to pass a bill this session aimed at beefing up identification requirements for voters when registering, though many have said laws as currently written are too lax and could lead to non-citizens casting ballots.

State investigations and audits have shown in recent years that thousands of non-citizens ended up being registered, but few have ever illegally voted. Those who have are federally prosecuted.

Pulido has headlined concerts in General Bravo in the city as recently as November 2023, which local officials promoted and where the now-mayor and her husband, then-mayor Edgar Cantu Fernandez appeared. Obtained by NY Post
Pulido is challenging incumbent GOP Rep. Monica De La Cruz in the Texas district this November and has faced questions from the press about his ties to Mexico, where he has said he maintains a home for parts of the year. CQ-Roll Call, Inc via Getty Images

Pulido is challenging incumbent GOP Rep. Monica De La Cruz in the Texas district this November and has faced questions from the press about his ties to Mexico, where he has said he maintains a home for parts of the year.

The Latino music star admitted to splitting time with his family between there and Texas just two years before launching his campaign, telling a YouTube show in a 2023 interview that he’s a “summer Mexican” but “winter Texan.”

“We live on the border,” he has also said. “My wife and I have a house in Mexico. So, we travel there, and we spend time over there.”

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“Bobby lives in his family home in Edinburg, Texas, where he was born, raised, and is raising his own family,” the Pulido campaign rep noted. Getty Images

There was no indication of a current mortgage on a property either there or in the US, according to financial disclosures that Pulido filed April 15 with the House. Those filings also revealed he holds a checking account at a Mexican bank.

“Bobby lives in his family home in Edinburg, Texas, where he was born, raised, and is raising his own family,” the Pulido campaign rep noted. “He is in complete compliance with all House disclosure rules — the property you are referencing is not his primary residence so is not required to be listed.”



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