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HOW TO PARTICIPATE IN THE TEXAS DSHS OPEN COMMENT PERIOD

Updated: Jan 16

Lead Instructor Chasity Wedgeworth speaking about Uniting the hemp / cannabis industry

Step-by-Step Instructions (Texas DSHS – Chapter 300)

Public comment periods are not petitions or opinion polls. They are a formal part of the administrative rulemaking process that agencies are legally required to follow.

Your comment becomes part of the official administrative record. That record matters later, regardless of whether the agency changes course immediately.

You do not need to be a lawyer to participate effectively.You do need to be clear, disciplined, and factual.

The instructions and templates below are designed so anyone can submit a responsible, legally useful comment.


BEFORE YOU BEGIN

Set aside 10–15 minutes.

Have the following ready:

  • Your name

  • Your role (retailer, manufacturer, distributor, employee, consumer, etc.)

  • A general understanding of how the proposed rules affect you

You do not need to cite statutes or case law.



WHAT MAKES A STRONG PUBLIC COMMENT

Well-written comments do the following:

  • Focus on statutory authority

  • Identify specific provisions or issues

  • Explain practical, real-world impacts

  • Preserve issues for the administrative record

What matters most is clarity, not length.



IMPORTANT GUIDELINES (PLEASE READ)

Do NOT:

  • Attack the agency or individuals

  • Argue politics, fairness, or motives

  • Use inflammatory or emotional language

  • Copy and paste large blocks of text without personalization

Do:

  • State who you are

  • Identify how you are affected

  • Ask the agency to identify its legal authority

  • Request clarification, narrowing, or revision

Comments written this way are taken seriously and age well.



STEP-BY-STEP: HOW TO SUBMIT YOUR COMMENT

Step 1: Choose a Template

Select one template below that best matches your role:

  • General (anyone)

  • Retailer

  • Manufacturer / Distributor

  • Fees-focused (strongly encouraged)

You may submit more than one comment, but one is enough.


Step 2: Copy the Template Text

Highlight the template text.Copy it into:

  • A document, or

  • Directly into the body of an email (recommended)


Step 3: Personalize It

Fill in the blanks by:

  • Adding your role (retailer, manufacturer, etc.)

  • Adjusting one or two sentences to reflect your experience

Do not over-edit.Simple personalization is sufficient.


Step 4: Submit Your Comment (Official Methods)

For this rulemaking, the Texas Register notice provides three official submission methods. There is no single “submit” button for this process.


✅ FASTEST & RECOMMENDED: Submit by Email

Send your comment to:


Required email subject line: Comments on Proposed Rule 26R008

Paste your comment into the body of the email and send.

This submission is routed to the appropriate agency, including theTexas Department of State Health Services (DSHS).

Your email must be sent before midnight on the last day of the comment period.



📬 Submit by Mail (Optional)

Mail written comments to:

Rules Coordination Office P.O. Box 13247, Mail Code 4102 Austin, Texas 78711-3247

Mailed comments must be postmarked before the last day of the comment period.


🏢 Hand Delivery (Optional)

Deliver written comments to:

4601 West Guadalupe StreetAustin, Texas 78751

Hand-delivered comments must be received by 5:00 p.m. on the last working day of the comment period.


OPTIONAL: PROVIDING ORAL PUBLIC COMMENT (PUBLIC HEARING)

In addition to submitting written comments, individuals may choose to provide oral testimony at the public hearing.

Oral testimony is optional. Written comments carry full legal weight and are often more precise. Oral comments are best suited for those comfortable speaking publicly and staying focused on specific issues.


📅 Public Hearing (ENDED)

  • Date: January 9, 2026

  • Agency: Texas Department of State Health Services (DSHS)

  • Subject: Manufacture, Distribution, and Retail Sale of Consumable Hemp Products (Chapter 300)


📝 Advance Registration Required

To provide oral testimony, advance registration is required.

Registration does not guarantee extended speaking time. Limits are set by the agency.


Important Guidance

If you plan to speak:

  • Keep remarks brief and factual

  • Identify yourself and your role

  • Reference specific provisions or concerns

  • Avoid political or emotional language

Tip: If you choose to speak, you should still submit a written comment to ensure your full position is preserved in the administrative record.


Step 5: Save a Copy

After submitting:

  • Save a copy of your comment

  • Take a screenshot or confirmation if available

That’s it. You’ve participated.


PUBLIC COMMENT TEMPLATES


TEMPLATE 1 — GENERAL INDUSTRY COMMENT

(Safe for anyone)

I am submitting this comment regarding the proposed amendments to Chapter 300.


I am concerned that several provisions of the proposal appear to exceed the agency’s statutory authority or lack sufficient justification in the administrative record. In particular, I request that the agency clearly identify its legal authority for the proposed fee structure, supply-chain restrictions, and testing requirements.


I also request clarification regarding how these provisions would be applied consistently across licensees and how they align with existing statutory limits.

I respectfully urge the agency to narrow and clarify these provisions to ensure they are within legislative authority and administratively workable.

Thank you for the opportunity to comment.



TEMPLATE 2 — RETAILER-FOCUSED COMMENT


I am a licensed hemp retailer operating in Texas and am submitting comments on the proposed amendments to Chapter 300.


Several provisions raise concerns regarding operational feasibility and statutory authority, particularly the proposed fee structure, consent-to-entry requirements, and supply-chain restrictions that extend beyond finished products.


As written, these provisions create uncertainty for compliant retailers and appear to impose conditions not clearly authorized by statute. I request that the agency identify the specific statutory authority supporting these requirements and consider narrowing them to align with legislative intent.


I respectfully request that the proposal be revised to ensure clarity, consistency, and lawful implementation.



TEMPLATE 3 — MANUFACTURER / DISTRIBUTOR COMMENT


I am a hemp manufacturer and/or distributor operating in or serving the Texas market and am submitting comments on the proposed amendments to Chapter 300.


I am particularly concerned about provisions related to testing standards, supply-chain controls, and fee assessments. The proposal appears to create internally inconsistent testing requirements and supply-chain restrictions that extend beyond finished products.


I request clarification on how these provisions are authorized under existing law and how they will be applied consistently. I also urge the agency to revise these sections to avoid unintended disruption to compliant manufacturing and distribution operations.


Thank you for the opportunity to provide input.



TEMPLATE 4 — FEES-FOCUSED COMMENT

(Highly recommended)


I am submitting comments on the proposed amendments to Chapter 300 regarding the proposed fee structure.


The proposed fees appear to exceed cost recovery and raise questions about whether they function as regulatory fees or unauthorized taxation. I respectfully request that the agency identify the statutory authority supporting the proposed fee amounts and explain how they are calculated in relation to actual administrative costs.


I urge the agency to reconsider and revise the fee provisions to ensure they are consistent with legislative authorization and established administrative law principles.



FINAL NOTE

The goal of public comment is not to argue outcomes. The goal is to ensure the industry’s operational and legal realities are part of the record.

Clear participation today preserves options tomorrow.

You’ve now done your part.



Comments


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Disclaimer: CRAFT Strategies, LLC provides educational and informational resources only. We do not provide legal, tax, or financial advice. Businesses are responsible for their own compliance decisions.

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