| 1 | 1 | | 87R8599 JXC-D |
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| 2 | 2 | | By: Springer S.B. No. 1734 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the enforcement of certain federal laws regulating oil |
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| 8 | 8 | | and gas operations within the State of Texas. |
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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. Subtitle A, Title 3, Natural Resources Code, is |
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| 11 | 11 | | amended by adding Chapter 82 to read as follows: |
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| 12 | 12 | | CHAPTER 82. ENFORCEMENT OF FEDERAL LAWS |
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| 13 | 13 | | Sec. 82.0101. DEFINITION. In this chapter, "oil and gas |
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| 14 | 14 | | operation" has the meaning assigned by Section 81.0523. |
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| 15 | 15 | | Sec. 82.0102. ENFORCEMENT OF CERTAIN FEDERAL LAWS |
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| 16 | 16 | | REGULATING OIL AND GAS OPERATIONS. (a) An agency of this state or a |
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| 17 | 17 | | political subdivision of this state, and a law enforcement officer |
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| 18 | 18 | | or other person employed by an agency of this state or a political |
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| 19 | 19 | | subdivision of this state, may not contract with or in any other |
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| 20 | 20 | | manner provide assistance to a federal agency or official with |
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| 21 | 21 | | respect to the enforcement of a federal statute, order, rule, or |
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| 22 | 22 | | regulation purporting to regulate oil and gas operations if the |
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| 23 | 23 | | statute, order, rule, or regulation imposes a prohibition, |
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| 24 | 24 | | restriction, or other regulation that does not exist under the laws |
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| 25 | 25 | | of this state. |
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| 26 | 26 | | (b) A political subdivision of this state may not receive |
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| 27 | 27 | | state grant funds if the political subdivision adopts a rule, |
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| 28 | 28 | | order, ordinance, or policy under which the political subdivision |
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| 29 | 29 | | requires the enforcement of any federal statute, order, rule, or |
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| 30 | 30 | | regulation described by Subsection (a) or, by consistent actions, |
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| 31 | 31 | | requires the enforcement of any federal statute, order, rule, or |
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| 32 | 32 | | regulation described by Subsection (a). State grant funds for the |
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| 33 | 33 | | political subdivision shall be denied for the fiscal year following |
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| 34 | 34 | | the year in which a final judicial determination in an action |
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| 35 | 35 | | brought under this section is made that the political subdivision |
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| 36 | 36 | | has intentionally required the enforcement of any federal statute, |
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| 37 | 37 | | order, rule, or regulation described by Subsection (a). |
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| 38 | 38 | | (c) Any citizen residing in the jurisdiction of a political |
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| 39 | 39 | | subdivision of this state may file a complaint with the attorney |
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| 40 | 40 | | general if the citizen offers evidence to support an allegation |
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| 41 | 41 | | that the political subdivision has adopted a rule, order, |
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| 42 | 42 | | ordinance, or policy under which the political subdivision requires |
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| 43 | 43 | | the enforcement of any federal statute, order, rule, or regulation |
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| 44 | 44 | | described by Subsection (a) or an allegation that the political |
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| 45 | 45 | | subdivision, by consistent actions, requires the enforcement of any |
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| 46 | 46 | | federal statute, order, rule, or regulation described by Subsection |
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| 47 | 47 | | (a). The citizen must include with the complaint the evidence the |
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| 48 | 48 | | citizen has that supports the complaint. |
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| 49 | 49 | | (d) If the attorney general determines that a complaint |
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| 50 | 50 | | filed under Subsection (c) against a political subdivision of this |
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| 51 | 51 | | state is valid, the attorney general may file a petition for a writ |
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| 52 | 52 | | of mandamus or apply for other appropriate equitable relief in a |
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| 53 | 53 | | district court in Travis County or in a county in which the |
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| 54 | 54 | | principal office of the political subdivision is located to compel |
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| 55 | 55 | | the political subdivision to comply with Subsection (a). The |
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| 56 | 56 | | attorney general may recover reasonable expenses incurred in |
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| 57 | 57 | | obtaining relief under this subsection, including court costs, |
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| 58 | 58 | | reasonable attorney's fees, investigative costs, witness fees, and |
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| 59 | 59 | | deposition costs. |
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| 60 | 60 | | (e) An appeal of a suit brought under Subsection (d) is |
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| 61 | 61 | | governed by the procedures for accelerated appeals in civil cases |
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| 62 | 62 | | under the Texas Rules of Appellate Procedure. The appellate court |
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| 63 | 63 | | shall render its final order or judgment with the least possible |
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| 64 | 64 | | delay. |
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| 65 | 65 | | (f) The attorney general shall defend any agency of this |
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| 66 | 66 | | state that the federal government attempts to sue for an action or |
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| 67 | 67 | | omission consistent with the requirements of this section. |
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| 68 | 68 | | SECTION 2. This Act takes effect immediately if it receives |
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| 69 | 69 | | a vote of two-thirds of all the members elected to each house, as |
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| 70 | 70 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 71 | 71 | | Act does not receive the vote necessary for immediate effect, this |
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| 72 | 72 | | Act takes effect September 1, 2021. |
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