| 1 | 1 | | 86R1599 GCB-D |
|---|
| 2 | 2 | | By: Shaheen H.B. No. 1228 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to political subdivision regulations, including zoning |
|---|
| 8 | 8 | | rules, concerning the cultivation, production, dispensing, or |
|---|
| 9 | 9 | | possession of low-THC cannabis. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 487.201, Health and Safety Code, is |
|---|
| 12 | 12 | | amended to read as follows: |
|---|
| 13 | 13 | | Sec. 487.201. POLITICAL SUBDIVISION REGULATIONS CONCERNING |
|---|
| 14 | 14 | | [COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT] LOW-THC CANNABIS. |
|---|
| 15 | 15 | | (a) Subject to Subsection (b), a municipality, county, or other |
|---|
| 16 | 16 | | political subdivision may enact: |
|---|
| 17 | 17 | | (1) reasonable zoning rules that limit the use of land |
|---|
| 18 | 18 | | for dispensing organizations or the cultivation or production of |
|---|
| 19 | 19 | | low-THC cannabis to specified areas; and |
|---|
| 20 | 20 | | (2) ordinances, orders, or other rules that regulate |
|---|
| 21 | 21 | | the time, place, and manner of dispensing organization operations. |
|---|
| 22 | 22 | | (b) A municipality, county, or other political subdivision |
|---|
| 23 | 23 | | may not enact, adopt, or enforce a rule, ordinance, order, |
|---|
| 24 | 24 | | resolution, or other regulation that prohibits or has the effect of |
|---|
| 25 | 25 | | prohibiting the cultivation, production, dispensing, or possession |
|---|
| 26 | 26 | | of low-THC cannabis, as authorized by this chapter. |
|---|
| 27 | 27 | | (c) A rule, ordinance, order, resolution, or other |
|---|
| 28 | 28 | | regulation that violates this section is void and unenforceable. |
|---|
| 29 | 29 | | SECTION 2. Section 487.201, Health and Safety Code, as |
|---|
| 30 | 30 | | amended by this Act, applies to a rule, ordinance, order, |
|---|
| 31 | 31 | | resolution, or other regulation adopted before, on, or after the |
|---|
| 32 | 32 | | effective date of this Act. |
|---|
| 33 | 33 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 37 | 37 | | Act takes effect September 1, 2019. |
|---|