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