| 1 | 1 | | By: Dale H.B. No. 3217 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the authority of a political subdivision to regulate an |
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| 7 | 7 | | activity over which the Railroad Commission of Texas has |
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| 8 | 8 | | jurisdiction. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 81, Natural Resources |
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| 11 | 11 | | Code, is amended by adding Section 81.0523 to read as follows: |
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| 12 | 12 | | Sec. 81.0523. POLITICAL SUBDIVISION AUTHORITY. (a) A |
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| 13 | 13 | | political subdivision may adopt or enforce an order, ordinance, or |
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| 14 | 14 | | similar measure that applies to a person or operation over whom or |
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| 15 | 15 | | which the commission has jurisdiction under this title only as |
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| 16 | 16 | | provided by this section. |
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| 17 | 17 | | (b) The commission has exclusive jurisdiction to determine |
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| 18 | 18 | | whether the adoption or enforcement by a political subdivision of |
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| 19 | 19 | | an order, ordinance, or similar measure applies to a person or |
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| 20 | 20 | | operation over whom or which the commission has jurisdiction under |
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| 21 | 21 | | this title. |
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| 22 | 22 | | (c) A political subdivision shall petition the commission |
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| 23 | 23 | | for permission before adopting or enforcing an ordinance, order, or |
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| 24 | 24 | | similar measure described by Subsection (a). |
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| 25 | 25 | | (d) The commission may grant a petition only if the |
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| 26 | 26 | | political subdivision offers proof satisfactory to the commission |
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| 27 | 27 | | that the ordinance, order, or similar measure is reasonable and |
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| 28 | 28 | | enhances public safety. |
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| 29 | 29 | | (e) This section does not apply to an ordinance, order, or |
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| 30 | 30 | | similar measure described by Subsection (a) that is authorized by a |
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| 31 | 31 | | state agency other than the commission. |
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| 32 | 32 | | (f) A provision of this title that affirms the authority of |
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| 33 | 33 | | or grants authority to a political subdivision to regulate a person |
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| 34 | 34 | | or operation over whom or which the commission has jurisdiction |
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| 35 | 35 | | under this title does not exempt the political subdivision from |
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| 36 | 36 | | complying with this section. |
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| 37 | 37 | | SECTION 2. Subchapter B, Chapter 121, Utilities Code, is |
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| 38 | 38 | | amended by adding Section 121.053 to read as follows: |
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| 39 | 39 | | Sec. 121.053. POLITICAL SUBDIVISION AUTHORITY. (a) A |
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| 40 | 40 | | political subdivision may adopt or enforce an order, ordinance, or |
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| 41 | 41 | | similar measure that applies to any aspect or phase of the gas |
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| 42 | 42 | | pipeline industry only as provided by this section. |
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| 43 | 43 | | (b) The railroad commission has exclusive |
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| 44 | 44 | | jurisdiction to |
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| 45 | 45 | | determine whether the adoption or enforcement by a political |
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| 46 | 46 | | subdivision of an order, ordinance, or similar measure applies to |
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| 47 | 47 | | any aspect or phase of the gas pipeline industry. |
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| 48 | 48 | | (c) A political subdivision shall petition the railroad |
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| 49 | 49 | | commission for permission before adopting or enforcing an |
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| 50 | 50 | | ordinance, order, or similar measure described by Subsection (a). |
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| 51 | 51 | | (d) The railroad commission may grant a petition only if the |
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| 52 | 52 | | political subdivision offers proof satisfactory to the railroad |
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| 53 | 53 | | commission that the ordinance, order, or similar measure is |
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| 54 | 54 | | reasonable and enhances public safety. |
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| 55 | 55 | | (e) This section does not apply to an ordinance, order, or |
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| 56 | 56 | | similar measure described by Subsection (a) that is authorized by a |
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| 57 | 57 | | state agency other than the railroad commission. |
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| 58 | 58 | | (f) A provision of this chapter that affirms the authority |
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| 59 | 59 | | of or grants authority to a political subdivision to regulate any |
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| 60 | 60 | | aspect or phase of the gas pipeline industry does not exempt the |
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| 61 | 61 | | political subdivision from complying with this section. |
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| 62 | 62 | | SECTION 3. Section 113.054, Natural Resources Code, is |
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| 63 | 63 | | repealed. |
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| 64 | 64 | | SECTION 4. Sections 81.0523, Natural Resources Code, and |
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| 65 | 65 | | 121.053, Utilities Code, as added by this Act, apply to an |
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| 66 | 66 | | ordinance, order, or similar measure adopted by a political |
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| 67 | 67 | | subdivision before, on, or after the effective date of this Act. |
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| 68 | 68 | | SECTION 5. This Act takes effect September 1, 2015. |
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