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A BILL TO BE ENTITLED
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AN ACT
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relating to political subdivision regulations, including zoning |
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rules, concerning the cultivation, production, dispensing, or |
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possession of low-THC cannabis. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 487.201, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 487.201. POLITICAL SUBDIVISION REGULATIONS CONCERNING |
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[COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT] LOW-THC CANNABIS. |
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(a) Subject to Subsection (b), a municipality, county, or other |
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political subdivision may enact: |
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(1) reasonable zoning rules that limit the use of land |
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for dispensing organizations or the cultivation or production of |
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low-THC cannabis to specified areas; and |
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(2) ordinances, orders, or other rules that regulate |
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the time, place, and manner of dispensing organization operations. |
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(b) A municipality, county, or other political subdivision |
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may not enact, adopt, or enforce a rule, ordinance, order, |
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resolution, or other regulation that prohibits or has the effect of |
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prohibiting the cultivation, production, dispensing, or possession |
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of low-THC cannabis, as authorized by this chapter. |
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(c) A rule, ordinance, order, resolution, or other |
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regulation that violates this section is void and unenforceable. |
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SECTION 2. Section 487.201, Health and Safety Code, as |
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amended by this Act, applies to a rule, ordinance, order, |
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resolution, or other regulation adopted before, on, or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |