By: Larson H.B. No. 3188
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the implementation in this state of any
federal greenhouse gas emissions regulatory program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 382, Health and Safety
Code, is amended by adding Section 382.005 to read as follows:
Sec. 382.005. PROHIBITION ON IMPLEMENTATION OF GREENHOUSE
GAS REGULATORY PROGRAMS. (a) In this section:
(1) "Greenhouse gas" includes:
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) hydrofluorocarbons;
(E) perfluorocarbons;
(F) sulfur hexafluoride; and
(G) other gases or substances incorporated into a
regional or federal greenhouse gas regulatory program.
(2) "Greenhouse gas emissions regulatory program"
means an arrangement under which a greenhouse gas emission source
is required to account for or report greenhouse gas emissions. The
term includes a market-based compliance mechanism.
(3) "Market-based compliance mechanism" means a
system of market-based declining annual aggregate greenhouse gas
emission limits, including a greenhouse gas emission exchange,
banking, credit, or other similar transaction.
(b) A state agency, including the commission, may not
implement or adopt rules that would implement a greenhouse gas
emissions regulatory program required by federal statute or agency
rule.
(c) A state employee may not participate on a board,
committee, or related entity, or in a study, of a national
organization assigned to recommend provisions to implement a
federal greenhouse gas emissions regulatory program.
(d) This section does not apply to voluntary actions taken
to reduce greenhouse gas emissions.
SECTION 2. This Act takes effect September 1, 2011.