85R5458 GCB-D
 
  By: Shaheen H.B. No. 780
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to county and municipality 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.  COUNTY AND MUNICIPALITY ZONING RULES
  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, 2017.