| 1 | 1 | | 88R8851 MZM-D |
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| 2 | 2 | | By: Goldman H.B. No. 3856 |
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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 authority of a political subdivision to regulate |
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| 8 | 8 | | the use or sale of a product for the purpose of reducing greenhouse |
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| 9 | 9 | | gas emissions or conserving natural resources. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 250, Local Government Code, is amended |
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| 12 | 12 | | by adding Section 250.014 to read as follows: |
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| 13 | 13 | | Sec. 250.014. REGULATION OF PRODUCTS FOR EMISSIONS |
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| 14 | 14 | | REDUCTION PROHIBITED. (a) In this section, "greenhouse gas |
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| 15 | 15 | | emissions" has the meaning assigned by Section 382.05102, Health |
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| 16 | 16 | | and Safety Code. |
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| 17 | 17 | | (b) Notwithstanding any other law, a political subdivision, |
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| 18 | 18 | | for the purpose of reducing greenhouse gas emissions or conserving |
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| 19 | 19 | | natural resources, may not: |
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| 20 | 20 | | (1) adopt or enforce an ordinance, order, regulation, |
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| 21 | 21 | | or other measure that prohibits or restricts the use or sale of a |
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| 22 | 22 | | product that is otherwise permitted by state and federal law; or |
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| 23 | 23 | | (2) enter into a contract that directly or indirectly |
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| 24 | 24 | | prohibits the use or sale of any product that is otherwise permitted |
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| 25 | 25 | | by state and federal law. |
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| 26 | 26 | | SECTION 2. Section 250.014(b)(2), Local Government Code, as |
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| 27 | 27 | | added by this Act, applies only to a contract entered into on or |
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| 28 | 28 | | after the effective date of this Act. A contract entered into |
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| 29 | 29 | | before the effective date of this Act is governed by the law in |
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| 30 | 30 | | effect on the date the contract was entered into, and the former law |
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| 31 | 31 | | is continued in effect for that purpose. |
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| 32 | 32 | | SECTION 3. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2023. |
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