[1. Welcome and opening remarks]
[00:00:08]
>> THE MEETING WILL COME TO ORDER.
MAY THE RECORD REFLECT THIS MEETING OF THE HHC EXECUTIVE COUNCIL CONVENED AT 10:00 A.M.
ON JANUARY 15, 2026. TESSA WILL NOW CALL
THE ROLL. >> MEMBERS, AS I CALL YOUR NAME PLEASE REPLY WITH HERE OR PRESENT. STEPHANIE MUTH.
>> HERE. >> MAURICE MCCREARY JR.
>> I'D LIKE TO ACKNOWLEDGE THE INTERIM DIRECTOR FOR PROGRAMS FOR THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICE IS PRESENT ON BEHALF OF COMMISSIONER AUDREY NIELL.
>> THIS MEETING IS BEING CONDUCTED IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT AND IS OPEN TO THE PUBLIC. TODAY'S MEETING IS HELD AS A MICROSOFT TEAMS MEETING AND IN PERSON. THE MEETING IS BEING WEB CAST LIVE AND IS BEING RECORDED AS A MATTER OF PUBLIC RECORD.
IN CORDANCE WITH HHC PUBLIC POLICY THE USE OF ARTIFICIAL INTELLIGENCE ALSO KNOWN AS A.I.
NOTE TAKERS IS EXPRESSLY PROHIBITED IN THIS MEETING. PRODUCERS WILL NOT ADMIT A BOT OR OTHER AUTONOMOUS AGENTS INTO THE MEETING. IF A BOUGHT SHOULD INADVERTENTLY GAIN ENTRANCE, IT WILL BE REMOVED FROM THE MEETING BY ONE OF OUR PRODUCERS.
WE ASK EACH VIRTUAL ATTENDEE TO TURN ON YOUR CAMERA.
YOU WILL STATE YOUR NAME BEFORE SPEAKING. AND WE ASK THAT YOU SPEAK DIRECTLY INTO YOUR MICROPHONE SO YOUR VOICE AND COMMENTS CAN BE HEARD. ONCE YOU FINISH SPEAKING, WE ASK YOU TURN ON YOUR CAMERA AND PLACE YOUR MICROPHONE ON MUTE. PLEASE LEAVE YOUR CAMERA OFF AND YOUR MICROPHONE ON MUTE TO CONTINUE TO SPEAK. WE ASK PRESENTERS TO USE HEAD SETS IF POSSIBLE TO MINIMIZE FEEDBACK AND OTHER NOISE. WE ASK MEMBERS, STAFF PARTICIPATING VIRTUALLY, YOU WILL PLEASE PUT YOUR CELLPHONE ON MUTE OR VIBRATE.
IF YOU NEED TO TAKE A CALL, PLEASE TURN OF YOUR CAMERA AND THE MICROPHONE ON YOUR VIEWING DEVICE TO AVOID DISRUPTING THIS MEETING. FOR PRESENTERS IN PERSON, WE ASK YOU SPEAK TO YOU THE MICROPHONE SO YOUR VOICE AND COMMENTS CAN BE HEARD.
THESE MICROPHONES ARE DIRECTIONAL, SO THEY WILL ONLY PICK UP SOUND WHEN DIRECTED INTO THE MIC. WE ASK YOU PUT YOUR CELLPHONES ON MUTE OR VIBRATE. AND IF YOU NEED TO TAKE A CALL, PLEASE STEP AWAY FROM THE ROOM OR THE DOOR SO THE SOUND DOESN'T CARRY BACK INTO THE MEETING. MEMBERS OF THE PUBLIC COULD REGISTER TO PROVIDE COMMENTS VIRTUALLY OR IN PERSON AT TODAY'S MEETING. MEMBERS WHO'D LIKE TO PROVIDE PUBLIC COMMENTS TODAY WHO DID NOT PREREGISTER TO PROVIDE COMMENTS SHOULD COMPLETE THE PUBLIC COMMENT REGISTRATION FORM ON THE TABLE OUTSIDE THE PUBLIC HEARING ROOM. PLEASE BRING YOUR COMPLETED REGISTRATION CARD TO THE STAFF AT THE FACILITATOR TABLE. THE AGENDA AND HANDOUTS FOR TODAY'S MEETING CAN BE FOUND AT THE HHC WEBSITE AT HHS.TEXAS.GOV. SELECT THE LINK FOR THE HEALTH AND HUMAN SERVICE COMMISSION EXECUTIVE COUNCIL AGENDA. EXECUTIVE COMMISSIONER, I WILL RETURN THE FLOOR TO YOU.
>> THANK YOU. WELCOME AND GOOD MORNING, EVERYONE. I'M EXCITED AND HONORED TO RETURN TO HHS AS THE EXECUTIVE COMMISSIONER.
I WANT TO THANK GOVERNOR GREG ABBOTT FOR ENTRUSTING ME TO LEAD THIS AGENCY. I WANT TO THANK FORMER EXECUTIVE COMMISSIONER YOUNG FOR HER STRONG LEADERSHIP OVER THE PAST FIVE YEARS. I LOOK FORWARD TO WORKING WITH ALL OF YOU AS WE DELIVER VITAL SERVICES AND RESOURCES TO TEXANS IN NEED. FOR OUR MEETING TODAY WE ARE OFFERING AN OPPORTUNITY FOR THE PUBLIC TO COMMENT ON PROPOSED RULES. OUR GOAL IS TO BE TRANSPARENT IN THE RULE MAKING PROCESS AND EFFICIENT IN PUBLISHING PROPOSED RULES IN THE TEXAS REGISTER.
[2. Rule proposals]
THANK YOU. THAT CONCLUDES AGENDA ITEM 1, AND WE WILL NOW MOVE TO AGENDA ITEM 2.AGENDA ITEM 2 IS THE RULES PROPOSAL. THE RULES ARE DIVIDED INTO THREE SECTIONS ON THE AGENDA. AGENDA ITEM 2A IS THE ADMINISTRATIVE PROCEDURE ACT PUBLIC COMMENT PERIOD THAT HAS CLOSED.
THERE ARE NO RULE PROPOSALS LISTED UNDER AGENDA ITEM 2A-17G. WE'LL MOVE TO AGENDA ITEM RULERULE RULES THAT HAVE BEEN SUBMITTED TO THE TEXAS REGISTER FOR PUBLICATION IN WHICH THE PUBLIC COMMENT PERIOD REQUIRED BY THE ADMINISTRATIVE PROCEDURE ACT HAS NOT CLOSED AS OF THE DATE OF THIS COUNCIL
[00:05:01]
MEETING. DOES ANY MEMBER OF THE COUNCIL HAVE QUESTIONS OR COMMENTS ON ANY OF THE RULES IN AGENDA ITEM 2B? SEEING NONE, IF THE COUNCIL MEMBERS HAVE NO QUESTIONS, I OPEN THE FLOOR TO PUBLIC COMMENT. DO WE HAVE ANY COMPLETED PUBLIC COMMENT CARDS?>> EXECUTIVE COMMISSIONER, THERE IS ONE PREREGISTERED PUBLIC COMMENT FOR AGENDA 2B.
AT THIS TIME, TESSA RAGLAND WILL READ THE RULES SUMMARY FOR AGENDA ITEM 2B1.
>> T 6 R 008, THE EXECUTIVE COMMISSIONER OF THE TEXAS HUMAN SERVICES AND HEALTH COMMISSION, ON BEHALF OF THE TEXAS DEPARTMENT OF STATE HEALTH PROPOSES AN AMENDMENT AND NEW RULES IN TEXAS ADMINISTRATIVE CODE, TITLE 25, PART 1, CHAPTER 300 CONCERNING MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS. THE TEXAS DEPARTMENT OF STATE HUMAN SERVICES IS REVISING THE RULES TO IMPLEMENT EXECUTIVE ORDER GA- 56 WHICH PROHIBITS THE DEPARTMENT OF THE SALE OF HEMP PRODUCTS TO MINORS.
ADD AGE VERIFICATION REQUIREMENTS, ADD REVOCATION OF LICENSE DUE TO SALE TO MINORS, REVISE TESTING REQUIREMENTS, REVISE LICENSING AND REGISTRATION FEES, AND CLARIFIES LABELING REQUIREMENTS, AND STRENGTHENS RECORD- KEEPING REQUIREMENTS. OUR RESOURCE IS DR. TIMOTHY STEVENSON.
>> COMMISSIONER, THIS IS KAYLAKAYLA BROWN WITH THE ADVISORY COMMITTEE COORDINATION OFFICE.
I WILL NOW READ THE PUBLIC COMMENT WITH JUST AN ANNOUNCEMENT. HEALTH AND HUMAN SERVICES IN COMPLIANCE WITH THE TEXAS OPEN MEETING ACT PROVIDES OPPORTUNITY FOR THE PUBLIC TO ADDRESS COUNCIL MEMBERS FOR PUBLIC ACCOUNTABILITY AND TRANSPARENCY.
EACH COMMENTER WILL HAVE 3 MINUTES TO PROVIDE THEIR COMMENTS. THE TIMER WILL REFLECT YELLOW WHEN YOU HAVE 1 MINUTE REMAINING AND RED WHEN YOUR TIME IS UP, IF YOU ARE ON SITE.
YOU MUST CONCLUDE YOUR REMARKS THEN. PLEASE BE RESPECTFUL OF THE PUBLIC COMMENT TIME LIMITATIONS. PLEASE REMEMBER THAT CONFIDENTIAL INFORMATION SHOULD NOT BE SHARED.
AS A REMINDER, COMMENTERS MUST COMPLY WITH FEDERAL AND STATE LAWS AND REGULATIONS REGARDINGREGARDING ACCESS, USE, OR DISCLOSURE OF HEALTH INFORMATION OR OTHER SENSITIVE PERSONAL INFORMATION.
THIS INCLUDES BUT IS NOT LIMITED TO TITLE 42 CODECODE FEDERAL REGULATIONS PART 2, WHICH RESTRICTS THE USE OF INFORMATION PERTAINING TO DRUG ALCOHOL ABUSE AND TREATMENT AND TEXAS HEALTH AND SAFETY CODE CHAPTER 611.
06, WHICH RESTRICTS DISCLOSURE OF CONFIDENTIAL INFORMATION OR RECORDS. AT THIS TIME, I'D LIKE TO BEGIN PUBLIC COMMENT AND CALL ON FOREST DEAN.
MR. DEAN, REMEMBER TO STATE YOUR NAME AND THE ORGANIZATION YOU'RE REPRESENTING PRIOR TO SPEAKING.
LIMIT YOUR COMMENTS TO THE TOPIC FOR WHICH YOU REGISTERED TO SPEAK ON. DO NOT SPEAK ON BEHALF OF ANOTHER PERSON WHO HAS COMMENTED.
COMMENTERS HAVE SIGNED UP TO SPEAK ON THEIR OWN BEHALF, NOT ON THE BEHALF OF OTHER PEOPLE REGISTERED TO PROVIDE COMMENTS. COMMENTERS SHOULD FOCUS THEIR REMARKS ON THEIR OWN CONTENT AND NOT THE CONTENT OF OTHERS.
YOU WILL HAVE A 3- MINUTE TIME LIMIT AT WHICH YOU WILL SEE A SLIDE THAT INDICATES YOUR TIME HAS BEEN -- HAS EXPIRED. PLEASE BE RESPECTFUL OF OTHERS AND CONCLUDE YOUR REMARKS IMMEDIATELY.
>> THANK YOU. THANK YOU FOR THE OPPORTUNITY TO ADDRESS THIS COUNCIL. MY NAME IS FOREST DEAN, CO- FOUNDER OF WILLY'S REMEDY, A THC SOCIAL TONIC CREATED BY WILLY NELSON.
WE PROUDLY CRAFT A SAFE, SOPHISTICATED AND PLANT-BASED ALTERNATIVE TO ALCOHOL. WILLY WAS BORN IN 1933 IN ABBOTT, TEXAS, AND HAS DEDICATED THE LAST 92 YEARS IN SHARING THE TEXAS SPIRIT THROUGH MUSIC AROUND THE WORLD.
WILLY'S REMEDY IS A LEADER IN THE NATIONAL BEVERAGE SPACE AND OUR COMMITMENT TO TEXAS IS SIGNIFICANT AND VITAL TO OUR BRAND.
OUR COMPANY EMPLOYS A NUMBER OF TEXANS, PARTNERS WITH OVER 500 LOCAL TEXAS RETAILERS AND HAS INVESTED $5 MILLION IN EIGHT YEARS IN BUILDING A TRANSPARENT, COMPLIANT, AND STRICTLY ADULT- FOCUSED BUSINESS IN THIS STATE. WILLY IS A TEXAS ICON WHOSE LEGACY IS BUILT ON AUTHENTICITY AND PERSONAL RESPONSIBILITY.
IN THE ADULT BEVERAGE WORLD A NAME LIKE WILLY NELSON
[00:10:03]
SERVES THE SAME FUNCTION AS A LEGENDARY WINEMAKER'S SIGNATURE ON A BOTTLE.WE SHARE YOUR AGENCY'S GOALS TO PROTECT PUBLIC HEALTH AND KEEP INTOXICATING PRODUCTS OUT OF THE HANDS OF MINORS, BUT PORTIONS OF OF THESE RULES IN PARTICULAR PROHIBITIONS ON CELEBRITY BRANDING AND EXCESSIVE FEES GO WELL- BEYOND SENSIBLE PROTECTIONS. IF IMPLEMENTED THESE RULES WILL UNINTENTIONALLY DECIMATE THE COMPLIANT BUSINESSES LIKE OURS WITHOUT PROTECTING KIDS. CELEBRITY IMAGERY IS NOT INHERENTLY ATTRACTIVE TO MINORS.
THE PROPOSED RULES PROHIBITS CELEBRITY BRANDING REGARDLESS OF WHETHER THE CELEBRITY IS POPULAR WITH PEOPLE UNDER 21 OR 93 YEARS OLD. THIS IS NOT A YOUTH PROTECTION STANDARD, RATHER A CATEGORICAL BAN ON FIRST AMENDMENT COMMERCIAL SPEECH AND LAWFUL BRANDING. WILLY'S IMAGE IS NOT USED TO APPEAL TO CHILDREN. WILLY HAS BEEN A CELEBRITY SINCE THE 1960S.
THE RULES ALREADY PROHIBIT MARKETING TARGETING YOUTH.
A BLANKET PROHIBITION ON CELEBRITY BRANDING GOES MUCH FARTHER THAN NECESSARY. EXCESSIVE FEES WILL ALSO DRIVE BUSINESS OUT OF TEXAS. UNDER THE PROPOSAL MANUFACTURERS WILL PAY $25,000 PER FACILITY, AND RETAILERS WILL PLAY 20,000,PER LOCATION.
THE FISCAL ANALYSIS SHOWS THE INCREASE IN FEES IS NOT RELATED TO REGULATORY COSTS. IT'S AN INCREASE ENFORCED ON SMALL TEXAS BUSINESSES. THESE FEES WILL DESTABILIZE THE TEXAS HEMP MARKET AND DRIVE OPERATORS OUT OF THE STATE WITHOUT RESPONSIBLE MANUFACTURERS AND RETAILERS, CONSUMERS WILL ONCE AGAIN LOOK TO THE ELICIT MARKET. THIS CONTRADICTS THE WHOLE PURPOSE OF THE PROPOSED SAFETY RULES.
WE RESPECTFULLY ASK TO CONSIDER A MORE BALANCED FEE SCHEDULE, CAPS ON TOTAL RETAIL FEES, OR GRADUAL FEE INCREASE OVER TIME.
IN CONCLUSION, WE RESPECTFULLY ASK THAT THE DEPARTMENT REVISIT THE PROPOSED RULES AND CONSIDER HOW RESPONSIBLE HEMP BUSINESSES FURTHER COMMUNITY SAFETY. REGULATIONS THAT PUSH COMPANIES LIKE US OUT OF TEXAS WILL BE REPLACED BY UNSCRUPULOUS ACTORS WHO DO NOT CARE ABOUT THE LAW. THANK YOU FOR THE TIME THIS MORNING.
>> EXECUTIVE COMMISSIONER MUTH, THIS CONCLUDES THE PUBLIC COMMENT REGISTRANTS FOR AGENDA ITEM
WE WILL NOW MOVE ONTO AGENDA ITEM 2C.
THE RULES PROPOSALS UNDER ITEM 2C HAVE NOT YET BEEN SUBMITTED TO THE TEXAS REGISTRAR FOR PUBLICATION AND PUBLIC COMMENT UNDER THE ADMINISTRATIVE PROCEDURE ACT.
THERE ARE NO RULE PROPOSALS LISTED UNDER AGENDA
[3. Recent Rule Adoptions - Information item not for discussion]
ITEM 2C. THAT WILL CONCLUDE AGENDA ITEM 2. NEXT WE WILL MOVE TO AGENDA ITEM 3.THE RULES LISTED UNDER ITEM 3 HAVE EITHER BEEN SUBMITTED FOR ADOPTION OR PUBLISHED AS ADOPTED IN THE TEXAS REGISTER SINCE THE DECEMBER 11, 2025, EXECUTIVE COUNCIL MEETING AND ARE PROVIDED FOR YOUR INFORMATION. THAT BRINGS US TO AGENDA ITEM 4 AND CONCLUZ ALL BUSINESS ON THE AGENDA. THANK YOU TO THE COUNCIL MEMBERS FOR YOUR TIME. PLEASE NOTE FOR THE RECORD THAT AT÷÷ 10:13 A.M. THIS MEETING
* This transcript was compiled from uncorrected Closed Captioning.