By: Dale H.B. No. 3217
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a political subdivision to regulate 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 adopt or enforce an order, ordinance, or
similar measure that applies to a person or operation over whom or
which the commission has jurisdiction under this title only as
provided by this section.
(b) The commission has exclusive jurisdiction to determine
whether the adoption or enforcement by a political subdivision of
an order, ordinance, or similar measure applies to a person or
operation over whom or which the commission has jurisdiction under
this title.
(c) A political subdivision shall petition the commission
for permission before adopting or enforcing an ordinance, order, or
similar measure described by Subsection (a).
(d) The commission may grant a petition only if the
political subdivision offers proof satisfactory to the commission
that the ordinance, order, or similar measure is reasonable and
enhances public safety.
(e) This section does not apply to an ordinance, order, or
similar measure described by Subsection (a) that is authorized by a
state agency other than the commission.
(f) A provision of this title that affirms the authority of
or grants authority to a political subdivision to regulate a person
or operation over whom or which the commission has jurisdiction
under this title does not exempt the political subdivision from
complying with this section.
SECTION 2. Subchapter B, Chapter 121, Utilities Code, is
amended by adding Section 121.053 to read as follows:
Sec. 121.053. POLITICAL SUBDIVISION AUTHORITY. (a) A
political subdivision may adopt or enforce an order, ordinance, or
similar measure that applies to any aspect or phase of the gas
pipeline industry only as provided by this section.
(b) The railroad commission has exclusive
jurisdiction to
determine whether the adoption or enforcement by a political
subdivision of an order, ordinance, or similar measure applies to
any aspect or phase of the gas pipeline industry.
(c) A political subdivision shall petition the railroad
commission for permission before adopting or enforcing an
ordinance, order, or similar measure described by Subsection (a).
(d) The railroad commission may grant a petition only if the
political subdivision offers proof satisfactory to the railroad
commission that the ordinance, order, or similar measure is
reasonable and enhances public safety.
(e) This section does not apply to an ordinance, order, or
similar measure described by Subsection (a) that is authorized by a
state agency other than the railroad commission.
(f) A provision of this chapter that affirms the authority
of or grants authority to a political subdivision to regulate any
aspect or phase of the gas pipeline industry does not exempt the
political subdivision from complying with this section.
SECTION 3. Section 113.054, Natural Resources Code, is
repealed.
SECTION 4. Sections 81.0523, Natural Resources Code, and
121.053, Utilities Code, as added by this Act, apply to an
ordinance, order, or similar measure adopted by a political
subdivision before, on, or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2015.