88R9027 KBB-F
By: Birdwell S.B. No. 1017
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a political subdivision to regulate an
energy source or engine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 7, Local Government Code, is
amended by adding Chapter 247 to read as follows:
CHAPTER 247. REGULATION OF ENERGY SOURCES AND ENGINES
Sec. 247.001. DEFINITIONS. In this chapter:
(1) "Energy source" means any fuel or power source
used to power an engine.
(2) "Engine" means a machine for converting an energy
source into mechanical force and motion, including a generator or
an internal combustion engine.
(3) "Political subdivision" includes a county,
municipality, special district, school district, junior college
district, or housing authority.
(4) "Retail service station" has the meaning assigned
by Section 753.001, Health and Safety Code.
Sec. 247.002. RESTRICTION ON REGULATION OF ENERGY SOURCES.
A political subdivision may not adopt or enforce an ordinance,
order, regulation, or similar measure that limits access to an
energy source or that results in the effective prohibition of a
wholesaler, retailer, energy producer, or related infrastructure,
including a retail service station, that is necessary to provide
access to a specific energy source.
Sec. 247.003. RESTRICTION ON REGULATION OF ENGINES. (a) A
political subdivision may not adopt or enforce an ordinance, order,
regulation, or similar measure that directly or indirectly
prohibits or restricts the use, sale, or lease of an engine based on
its fuel source.
(b) This section does not limit the authority of a political
subdivision to adopt or enforce an ordinance, order, regulation, or
similar measure relating to an engine that:
(1) does not effectively prohibit or restrict the use,
sale, or lease of the engine; and
(2) is not preempted by state or federal law.
(c) Section 81.0523, Natural Resources Code, prevails to
the extent of a conflict with this section.
SECTION 2. This Act takes effect September 1, 2023.