Texas House Bill HB3403

Texas 2017 - 85th Regular

Caption

Relating to the authority of a municipality to require that certain oil and gas operations be set back a certain distance from child-care facilities and schools.

Impact

Should this bill be enacted, it would amend the Natural Resources Code in Texas, particularly affecting how local governments can regulate oil and gas activities. The bill seeks to preempt existing laws that might limit municipalities' capacity to enforce reasonable regulations for the protection of public spaces like schools and child-care centers. This shift in authority aims to balance the interests of the oil and gas industry with community safety, promoting protective measures without entirely stifling industry operations.

Summary

House Bill 3403 aims to provide municipalities with the authority to enforce setback requirements on certain oil and gas operations relative to the locations of child-care facilities and schools. The bill specifies that municipalities may regulate the distance oil and gas operations must maintain from these public-sensitive locations, ideally to safeguard children from potential hazards associated with such operations. The established distance for the required setbacks is set at 1,500 feet from the property line of the aforementioned institutions, ensuring a buffer zone that enhances safety and public health.

Contention

The bill has generated notable discussions regarding the balance between economic interests, particularly those of the oil and gas sector, and public health concerns. Supporters of HB3403 argue that enhanced regulations are essential for protecting vulnerable populations, while critics worry that such setbacks may hinder oil and gas development within municipalities. The controversy stems from differing perspectives on how far the state should go in allowing local governments to act in the best interests of their communities, especially when it involves managing the complexities of energy production and environmental safety.