Texas House Bill HB3217

Texas 2015 - 84th Regular

Caption

Relating to the authority of a political subdivision to regulate an activity over which the Railroad Commission of Texas has jurisdiction.

Impact

The intent of HB3217 is to centralize regulatory power by affirming the Railroad Commission’s exclusive jurisdiction over specific regulatory activities. According to the bill, local governments need to demonstrate that any proposed regulations significantly enhance public safety to gain approval from the Railroad Commission. This could potentially limit the ability of local governments to address unique local issues, as they must now navigate an additional bureaucratic process to propose new regulations in areas previously under their control.

Summary

HB3217 seeks to clarify and delineate the authority of political subdivisions in Texas concerning their ability to adopt or enforce regulations related to activities under the jurisdiction of the Railroad Commission of Texas. The bill introduces two new provisions: Section 81.0523 in the Natural Resources Code and Section 121.053 in the Utilities Code. These provisions establish that political subdivisions must obtain permission from the Railroad Commission before implementing any regulations pertaining to specific activities or operations that the commission oversees. This stipulation affects both existing and future ordinances, orders, or measures enacted by political subdivisions.

Conclusion

Overall, HB3217 emphasizes the state's regulatory prerogatives while also creating hurdles for local governments that wish to enforce regulations affecting the gas pipeline industry and other areas under the Railroad Commission's jurisdiction. The potential implications of this bill warrant further examination as it progresses through the legislative process.

Contention

Supporters of the bill argue that establishing a clear framework for local regulatory authority helps ensure consistent application of safety standards in industries regulated by the Railroad Commission, such as the gas pipeline sector. However, detractors express concerns about the potential overreach by the state, fearing that this could undermine local control and prevent municipalities from effectively responding to community-specific needs related to public safety and environmental protection.