| 1 | 1 | | 88R9027 KBB-F |
|---|
| 2 | 2 | | By: Landgraf, Darby, Manuel, Thimesch, H.B. No. 2374 |
|---|
| 3 | 3 | | Button, et al. |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | A BILL TO BE ENTITLED |
|---|
| 7 | 7 | | AN ACT |
|---|
| 8 | 8 | | relating to the authority of a political subdivision to regulate an |
|---|
| 9 | 9 | | energy source or engine. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subtitle C, Title 7, Local Government Code, is |
|---|
| 12 | 12 | | amended by adding Chapter 247 to read as follows: |
|---|
| 13 | 13 | | CHAPTER 247. REGULATION OF ENERGY SOURCES AND ENGINES |
|---|
| 14 | 14 | | Sec. 247.001. DEFINITIONS. In this chapter: |
|---|
| 15 | 15 | | (1) "Energy source" means any fuel or power source |
|---|
| 16 | 16 | | used to power an engine. |
|---|
| 17 | 17 | | (2) "Engine" means a machine for converting an energy |
|---|
| 18 | 18 | | source into mechanical force and motion, including a generator or |
|---|
| 19 | 19 | | an internal combustion engine. |
|---|
| 20 | 20 | | (3) "Political subdivision" includes a county, |
|---|
| 21 | 21 | | municipality, special district, school district, junior college |
|---|
| 22 | 22 | | district, or housing authority. |
|---|
| 23 | 23 | | (4) "Retail service station" has the meaning assigned |
|---|
| 24 | 24 | | by Section 753.001, Health and Safety Code. |
|---|
| 25 | 25 | | Sec. 247.002. RESTRICTION ON REGULATION OF ENERGY SOURCES. |
|---|
| 26 | 26 | | A political subdivision may not adopt or enforce an ordinance, |
|---|
| 27 | 27 | | order, regulation, or similar measure that limits access to an |
|---|
| 28 | 28 | | energy source or that results in the effective prohibition of a |
|---|
| 29 | 29 | | wholesaler, retailer, energy producer, or related infrastructure, |
|---|
| 30 | 30 | | including a retail service station, that is necessary to provide |
|---|
| 31 | 31 | | access to a specific energy source. |
|---|
| 32 | 32 | | Sec. 247.003. RESTRICTION ON REGULATION OF ENGINES. (a) A |
|---|
| 33 | 33 | | political subdivision may not adopt or enforce an ordinance, order, |
|---|
| 34 | 34 | | regulation, or similar measure that directly or indirectly |
|---|
| 35 | 35 | | prohibits or restricts the use, sale, or lease of an engine based on |
|---|
| 36 | 36 | | its fuel source. |
|---|
| 37 | 37 | | (b) This section does not limit the authority of a political |
|---|
| 38 | 38 | | subdivision to adopt or enforce an ordinance, order, regulation, or |
|---|
| 39 | 39 | | similar measure relating to an engine that: |
|---|
| 40 | 40 | | (1) does not effectively prohibit or restrict the use, |
|---|
| 41 | 41 | | sale, or lease of the engine; and |
|---|
| 42 | 42 | | (2) is not preempted by state or federal law. |
|---|
| 43 | 43 | | (c) Section 81.0523, Natural Resources Code, prevails to |
|---|
| 44 | 44 | | the extent of a conflict with this section. |
|---|
| 45 | 45 | | SECTION 2. This Act takes effect September 1, 2023. |
|---|