HB 1535, Medical Expansion, Passes Texas Senate Unanimously

Senator Schwertner, Sponsor of HB 1535, on Senate Floor
during 87th legislative session. Photo by Jesse Williams

HB 1535, TCUP Expansion, was brought to the intent calendar immediately after passing committee yesterday and was heard on the Senate floor this evening, passing unanimously. The bill now goes to the conference committee.



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Any further changes could be made to the bill in the conference committee as none were made on the floor. HB 1535 Passed with a 31-0 vote, the bill took less than two minutes from start to finish. There was no discussion taken on the bill similar to what was seen with expansion in 2019. The conference committee will consist at minimum of the author of the bill and the sponsor in the Senate.

There are some notable changes with the committee substitute (obtained from Schwertner’s office) that has come out from the committee hearing Tuesday. The THC cap has been set a 1% instead of 5%. Chronic pain has been struck from the bill completely. As well, the condition that would result in a patient being prescribed an opiate has been struck from the language. The original language of HB 1535 read:

(ix)a condition that causes chronic pain, for which a physician would otherwise prescribe an opioid

The section which also provided the language necessary for DSHS to evaluate which conditions could be added to the program has been removed. The original language read as follows:

(xii)a debilitating medical condition designated by the Department of State Health Services under Subsection (b); (b)The Department of State Health Services by rule may designate debilitating medical conditions for which a physician may prescribe low-THC cannabis under this section.



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dan patrick possibly altered the history of hb 1535
Lt Gov. Dan Patrick during 87th legislative session. Patrick is the President of the Senate during sessions. Photo by Jesse Williams

That has been completely stricken from the substituted bill. Now the complete list of things to be covered by TCUP is as follows if the bill passes the Senate and conference committee, as well as signed by the governor:

(i) epilepsy;
(ii) a seizure disorder;
(iii) multiple sclerosis;
(iv) spasticity;
(v) amyotrophic lateral sclerosis;
(vi) autism;
(vii) [terminal] cancer; [or]
(viii) an incurable neurodegenerative disease;
(ix) post-traumatic stress disorder; or
(x) a medical condition that is approved for a research program under Subchapter F, Chapter 487, Health and Safety Code, and for which the patient is receiving treatment under that program;

The state now looks forward to the last day the Senate can pass a bill on the floor to see where the Hemp Cleanup Bill, HB 3948, goes with discussion and floor amendments.

About Jesse Williams 338 Articles
Jesse Williams is a retired Navy veteran with a background in nuclear power propulsion plants, graphic design, and mass communications. When not writing articles for Texas Cannabis Collective or EducatingTexans.org he enjoys time with his wife and son in SW Austin. He is an alumnus of NNPTC, NPTU, Austin Community College and Texas State University.

9 Comments

  1. This still shows far short of what it should have been. More importantly, it shows how out of touch Lt. Governor Dan Patrick is. He didn’t want this to get to a vote, but it passed UNANIMOUSLY. I’m a Republican since 1980, but I will vote Democrat for the next LTG.

    • It went unanimous because of the changes, without them though it would have likely still passed but with some Nay votes.

  2. let the fine folks of texas vote on legal or medical pot. fire dan patrick soon

    • Unfortunately, we do not have a ballot initiative in the state of Texas for things like this.

  3. Where can we find the ailments that fall under this, please?
    x) a medical condition that is approved for a research program under Subchapter F, Chapter 487, Health and Safety Code, and for which the patient is receiving treatment under that program;
    Does Fibromyalgia fall under this?

    • No research programs have been authorized yet that I know of. I can dig around though.

Comments are closed.