| 1 | 1 | | H.B. No. 33 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the enforcement of certain federal laws regulating oil |
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| 6 | 6 | | and gas operations within the State of Texas. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subtitle A, Title 3, Natural Resources Code, is |
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| 9 | 9 | | amended by adding Chapter 82 to read as follows: |
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| 10 | 10 | | CHAPTER 82. ENFORCEMENT OF FEDERAL LAWS |
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| 11 | 11 | | Sec. 82.0101. DEFINITION. In this chapter, "oil and gas |
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| 12 | 12 | | operation" has the meaning assigned by Section 81.0523. |
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| 13 | 13 | | Sec. 82.0102. ENFORCEMENT OF CERTAIN FEDERAL LAWS |
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| 14 | 14 | | REGULATING OIL AND GAS OPERATIONS. (a) An agency of this state or a |
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| 15 | 15 | | person employed by an agency of this state may not contract with or |
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| 16 | 16 | | in any other manner provide assistance to a federal agency or |
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| 17 | 17 | | official with respect to the enforcement of a federal statute, |
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| 18 | 18 | | order, rule, or regulation purporting to regulate oil and gas |
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| 19 | 19 | | operations if the statute, order, rule, or regulation imposes a |
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| 20 | 20 | | prohibition, restriction, or other regulation that does not exist |
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| 21 | 21 | | under the laws of this state. |
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| 22 | 22 | | (b) The attorney general shall defend any agency of this |
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| 23 | 23 | | state that the federal government attempts to sue for an action or |
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| 24 | 24 | | omission consistent with the requirements of this section. |
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| 25 | 25 | | (c) This section does not prohibit a state agency from: |
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| 26 | 26 | | (1) implementing a federal law by executing authority |
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| 27 | 27 | | delegated to the state agency by a federal agency; or |
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| 28 | 28 | | (2) entering into a memorandum of understanding with a |
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| 29 | 29 | | federal agency to implement a federal law, if otherwise authorized |
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| 30 | 30 | | by state law. |
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| 31 | 31 | | SECTION 2. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2023. |
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| 36 | 36 | | ______________________________ ______________________________ |
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| 37 | 37 | | President of the Senate Speaker of the House |
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| 38 | 38 | | I certify that H.B. No. 33 was passed by the House on May 5, |
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| 39 | 39 | | 2023, by the following vote: Yeas 99, Nays 44, 1 present, not |
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| 40 | 40 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 41 | 41 | | No. 33 on May 25, 2023, by the following vote: Yeas 107, Nays 34, 3 |
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| 42 | 42 | | present, not voting. |
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| 43 | 43 | | ______________________________ |
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| 44 | 44 | | Chief Clerk of the House |
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| 45 | 45 | | I certify that H.B. No. 33 was passed by the Senate, with |
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| 46 | 46 | | amendments, on May 22, 2023, by the following vote: Yeas 19, Nays |
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| 47 | 47 | | 12. |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Secretary of the Senate |
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| 50 | 50 | | APPROVED: __________________ |
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| 51 | 51 | | Date |
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| 52 | 52 | | __________________ |
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| 53 | 53 | | Governor |
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