| 1 | 1 | | 88R1231 JXC-D |
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| 2 | 2 | | By: Springer S.B. No. 470 |
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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 enforcement of certain federal laws regulating oil |
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| 8 | 8 | | and gas operations within the State of Texas. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle A, Title 3, Natural Resources Code, is |
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| 11 | 11 | | amended by adding Chapter 82 to read as follows: |
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| 12 | 12 | | CHAPTER 82. ENFORCEMENT OF FEDERAL LAWS |
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| 13 | 13 | | Sec. 82.0101. DEFINITION. In this chapter, "oil and gas |
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| 14 | 14 | | operation" has the meaning assigned by Section 81.0523. |
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| 15 | 15 | | Sec. 82.0102. ENFORCEMENT OF CERTAIN FEDERAL LAWS |
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| 16 | 16 | | REGULATING OIL AND GAS OPERATIONS. (a) An agency of this state or a |
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| 17 | 17 | | person employed by an agency of this state may not contract with or |
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| 18 | 18 | | in any other manner provide assistance to a federal agency or |
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| 19 | 19 | | official with respect to the enforcement of a federal statute, |
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| 20 | 20 | | order, rule, or regulation purporting to regulate oil and gas |
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| 21 | 21 | | operations if the statute, order, rule, or regulation imposes a |
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| 22 | 22 | | prohibition, restriction, or other regulation that does not exist |
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| 23 | 23 | | under the laws of this state. |
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| 24 | 24 | | (b) The attorney general shall defend any agency of this |
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| 25 | 25 | | state that the federal government attempts to sue for an action or |
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| 26 | 26 | | omission consistent with the requirements of this section. |
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| 27 | 27 | | (c) This section does not prohibit a state agency from |
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| 28 | 28 | | entering into a memorandum of agreement with a federal agency to |
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| 29 | 29 | | implement a federal law if otherwise authorized by state law, |
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| 30 | 30 | | including a memorandum of agreement that authorizes the state |
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| 31 | 31 | | agency to execute authority delegated to that state agency by the |
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| 32 | 32 | | federal agency. |
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| 33 | 33 | | SECTION 2. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2023. |
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