| 3 | 2 | | |
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| 4 | 3 | | |
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| 5 | 4 | | A BILL TO BE ENTITLED |
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| 6 | 5 | | AN ACT |
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| 7 | 6 | | relating to the exclusive jurisdiction of the state to regulate |
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| 8 | 7 | | greenhouse gas emissions in this state and the express preemption |
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| 9 | 8 | | of local regulation of those emissions. |
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| 10 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 10 | | SECTION 1. Subchapter A, Chapter 382, Health and Safety |
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| 12 | 11 | | Code, is amended by adding Section 382.005 to read as follows: |
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| 13 | 12 | | Sec. 382.005. EXCLUSIVE JURISDICTION TO REGULATE |
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| 14 | 13 | | GREENHOUSE GAS EMISSIONS AND EXPRESS PREEMPTION OF LOCAL |
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| 15 | 14 | | REGULATIONS. (a) In this section, "greenhouse gas emissions" has |
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| 16 | 15 | | the meaning assigned by Section 382.05102. |
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| 17 | 16 | | (b) To the extent not preempted by federal law, the state |
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| 18 | 17 | | has exclusive jurisdiction over the regulation of greenhouse gas |
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| 19 | 18 | | emissions in this state. |
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| 20 | 19 | | (c) A municipality or other political subdivision may not |
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| 21 | 20 | | enact or enforce an ordinance or other measure that directly |
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| 22 | 21 | | regulates greenhouse gas emissions. |
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| 23 | 22 | | SECTION 2. This Act takes effect immediately if it receives |
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| 24 | 23 | | a vote of two-thirds of all the members elected to each house, as |
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| 25 | 24 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 26 | 25 | | Act does not receive the vote necessary for immediate effect, this |
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| 27 | 26 | | Act takes effect September 1, 2021. |
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