86R1599 GCB-D
By: Shaheen H.B. No. 1228
A BILL TO BE ENTITLED
AN ACT
relating to political subdivision regulations, including zoning
rules, concerning the cultivation, production, dispensing, or
possession of low-THC cannabis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 487.201, Health and Safety Code, is
amended to read as follows:
Sec. 487.201. POLITICAL SUBDIVISION REGULATIONS CONCERNING
[COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT] LOW-THC CANNABIS.
(a) Subject to Subsection (b), a municipality, county, or other
political subdivision may enact:
(1) reasonable zoning rules that limit the use of land
for dispensing organizations or the cultivation or production of
low-THC cannabis to specified areas; and
(2) ordinances, orders, or other rules that regulate
the time, place, and manner of dispensing organization operations.
(b) A municipality, county, or other political subdivision
may not enact, adopt, or enforce a rule, ordinance, order,
resolution, or other regulation that prohibits or has the effect of
prohibiting the cultivation, production, dispensing, or possession
of low-THC cannabis, as authorized by this chapter.
(c) A rule, ordinance, order, resolution, or other
regulation that violates this section is void and unenforceable.
SECTION 2. Section 487.201, Health and Safety Code, as
amended by this Act, applies to a rule, ordinance, order,
resolution, or other regulation adopted before, on, or after the
effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.