By: Chisum H.B. No. 2663
A BILL TO BE ENTITLED
AN ACT
relating to the effect of rules and standards adopted by the
Railroad Commission of Texas relating to the liquefied petroleum
gas industry on ordinances, orders, or rules adopted by political
subdivisions relating to that industry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 113, Natural Resources
Code, is amended by adding Section 113.054 to read as follows:
Sec. 113.054. EFFECT ON OTHER LAW. (a) The rules and
standards promulgated and adopted by the commission under Section
113.051 preempt and supersede any ordinance, order, or rule adopted
by a political subdivision of this state relating to any aspect or
phase of the LPG industry, to the extent that the rules and
standards are more protective of the health, welfare, and safety of
the general public than the ordinance, order, or rule.
(b) Notwithstanding Subsection (a), on approval of the
commission, a political subdivision may adopt or enforce an
ordinance, order, or rule relating to any aspect or phase of the LPG
industry that would otherwise be preempted and superseded by a rule
or standard promulgated and adopted by the commission.
SECTION 2. This Act takes effect September 1, 2011.