84R6293 JXC-D
By: Darby H.B. No. 2855
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a political subdivision to prohibit an
activity over which the Railroad Commission of Texas has
jurisdiction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 81, Natural Resources
Code, is amended by adding Section 81.0523 to read as follows:
Sec. 81.0523. POLITICAL SUBDIVISION AUTHORITY. (a) A
political subdivision may not adopt or enforce an order, ordinance,
or similar measure that prohibits or has the effect of prohibiting
an operation under the jurisdiction of the commission as described
by Section 81.051.
(b) The commission has exclusive jurisdiction to determine
whether the adoption or enforcement by a political subdivision of
an order, ordinance, or similar measure prohibits or has the effect
of prohibiting an operation under the jurisdiction of the
commission as described by Section 81.051.
(c) A person affected by the adoption or enforcement by a
political subdivision of an order, ordinance, or similar measure
may submit to the commission a request that the commission make a
determination described by Subsection (b) with respect to the
adoption or enforcement of the order, ordinance, or measure. The
person and the political subdivision shall share equally the costs
incurred by the commission in connection with making the
determination.
(d) A commission determination issued under this section is
not appealable.
SECTION 2. This Act takes effect September 1, 2015.