| 1 | 1 | | S.B. No. 1017 |
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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 authority of a political subdivision to regulate an |
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| 6 | 6 | | energy source or engine. |
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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 C, Title 7, Local Government Code, is |
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| 9 | 9 | | amended by adding Chapter 247 to read as follows: |
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| 10 | 10 | | CHAPTER 247. REGULATION OF ENERGY SOURCES AND ENGINES |
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| 11 | 11 | | Sec. 247.001. DEFINITIONS. In this chapter: |
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| 12 | 12 | | (1) "Energy source" means any fuel or power source |
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| 13 | 13 | | used to power an engine. |
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| 14 | 14 | | (2) "Engine" means a machine for converting an energy |
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| 15 | 15 | | source into mechanical force and motion, including a generator or |
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| 16 | 16 | | an internal combustion engine. |
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| 17 | 17 | | (3) "Political subdivision" includes a county, |
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| 18 | 18 | | municipality, special district, school district, junior college |
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| 19 | 19 | | district, or housing authority. |
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| 20 | 20 | | (4) "Retail service station" has the meaning assigned |
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| 21 | 21 | | by Section 753.001, Health and Safety Code. |
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| 22 | 22 | | Sec. 247.002. RESTRICTION ON REGULATION OF ENERGY SOURCES. |
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| 23 | 23 | | (a) A political subdivision may not adopt or enforce an ordinance, |
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| 24 | 24 | | order, regulation, or similar measure that limits access to or use |
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| 25 | 25 | | of an energy source or that results in the effective prohibition of |
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| 26 | 26 | | infrastructure that is necessary to provide access to a specific |
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| 27 | 27 | | energy source, including a wholesaler, retailer, energy producer, |
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| 28 | 28 | | or related infrastructure, including a retail service station. |
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| 29 | 29 | | (b) This section does not limit the authority of a political |
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| 30 | 30 | | subdivision to adopt or enforce an ordinance, order, regulation, or |
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| 31 | 31 | | similar measure relating to an energy source, or infrastructure |
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| 32 | 32 | | that is necessary to provide access to a specific energy source, |
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| 33 | 33 | | that: |
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| 34 | 34 | | (1) provides siting requirements, including siting |
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| 35 | 35 | | requirements involving certain geographic areas; |
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| 36 | 36 | | (2) does not effectively prohibit the operation of an |
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| 37 | 37 | | energy source or infrastructure that is necessary to provide access |
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| 38 | 38 | | to a specific energy source; and |
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| 39 | 39 | | (3) is not preempted by state or federal law. |
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| 40 | 40 | | Sec. 247.003. RESTRICTION ON REGULATION OF ENGINES. (a) A |
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| 41 | 41 | | political subdivision may not adopt or enforce an ordinance, order, |
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| 42 | 42 | | regulation, or similar measure that directly prohibits or restricts |
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| 43 | 43 | | the use, sale, or lease of an engine based on its fuel source. |
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| 44 | 44 | | (b) This section does not limit the authority of a political |
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| 45 | 45 | | subdivision to adopt or enforce an ordinance, order, regulation, or |
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| 46 | 46 | | similar measure not preempted by state or federal law that: |
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| 47 | 47 | | (1) does not effectively prohibit or restrict the use, |
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| 48 | 48 | | sale, or lease of the engine; |
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| 49 | 49 | | (2) implements an agreement between the political |
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| 50 | 50 | | subdivision and the Texas Commission on Environmental Quality to |
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| 51 | 51 | | regulate motor vehicle idling under Section 382.019, Health and |
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| 52 | 52 | | Safety Code; or |
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| 53 | 53 | | (3) only affects an engine owned or operated by the |
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| 54 | 54 | | political subdivision and is included in the state implementation |
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| 55 | 55 | | plan or otherwise necessary for compliance with the federal Clean |
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| 56 | 56 | | Air Act (42 U.S.C. Section 7401 et seq.). |
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| 57 | 57 | | (c) This section does not limit the authority of a political |
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| 58 | 58 | | subdivision to adopt an ordinance, order, regulation, resolution, |
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| 59 | 59 | | policy, or other similar measure to encourage, promote, or provide |
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| 60 | 60 | | rebates for engines and fuel sources from alternative sources such |
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| 61 | 61 | | as electricity, hydrogen, gas, or biofuels and that does not |
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| 62 | 62 | | directly or effectively ban, restrict, or prohibit the use, sale, |
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| 63 | 63 | | or lease of an engine based on the engine's fuel source. |
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| 64 | 64 | | (d) Section 81.0523, Natural Resources Code, prevails to |
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| 65 | 65 | | the extent of a conflict with this section. |
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| 66 | 66 | | SECTION 2. This Act takes effect September 1, 2023. |
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| 67 | 67 | | ______________________________ ______________________________ |
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| 68 | 68 | | President of the Senate Speaker of the House |
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| 69 | 69 | | I hereby certify that S.B. No. 1017 passed the Senate on |
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| 70 | 70 | | April 5, 2023, by the following vote: Yeas 29, Nays 2; and that |
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| 71 | 71 | | the Senate concurred in House amendment on May 1, 2023, by the |
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| 72 | 72 | | following vote: Yeas 31, Nays 0. |
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| 73 | 73 | | ______________________________ |
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| 74 | 74 | | Secretary of the Senate |
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| 75 | 75 | | I hereby certify that S.B. No. 1017 passed the House, with |
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| 76 | 76 | | amendment, on April 25, 2023, by the following vote: Yeas 116, |
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| 77 | 77 | | Nays 30, two present not voting. |
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| 78 | 78 | | ______________________________ |
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| 79 | 79 | | Chief Clerk of the House |
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| 80 | 80 | | Approved: |
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| 81 | 81 | | ______________________________ |
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| 82 | 82 | | Date |
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| 83 | 83 | | ______________________________ |
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| 84 | 84 | | Governor |
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