| 1 | 1 | | S.B. No. 784 |
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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 exclusive jurisdiction of the state to regulate |
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| 6 | 6 | | greenhouse gas emissions in this state and the express preemption |
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| 7 | 7 | | of local regulation of those emissions. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 382, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 382.005 to read as follows: |
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| 11 | 11 | | Sec. 382.005. EXCLUSIVE JURISDICTION TO REGULATE |
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| 12 | 12 | | GREENHOUSE GAS EMISSIONS AND EXPRESS PREEMPTION OF LOCAL |
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| 13 | 13 | | REGULATIONS. (a) In this section, "greenhouse gas emissions" has |
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| 14 | 14 | | the meaning assigned by Section 382.05102. |
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| 15 | 15 | | (b) To the extent not preempted by federal law, the state |
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| 16 | 16 | | has exclusive jurisdiction over the regulation of greenhouse gas |
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| 17 | 17 | | emissions in this state. |
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| 18 | 18 | | (c) A municipality or other political subdivision may not |
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| 19 | 19 | | enact or enforce an ordinance or other measure that directly |
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| 20 | 20 | | regulates greenhouse gas emissions. |
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| 21 | 21 | | SECTION 2. This Act takes effect immediately if it receives |
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| 22 | 22 | | a vote of two-thirds of all the members elected to each house, as |
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| 23 | 23 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 24 | 24 | | Act does not receive the vote necessary for immediate effect, this |
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| 25 | 25 | | Act takes effect September 1, 2023. |
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| 26 | 26 | | ______________________________ ______________________________ |
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| 27 | 27 | | President of the Senate Speaker of the House |
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| 28 | 28 | | I hereby certify that S.B. No. 784 passed the Senate on |
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| 29 | 29 | | April 11, 2023, by the following vote: Yeas 25, Nays 6. |
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| 30 | 30 | | ______________________________ |
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| 31 | 31 | | Secretary of the Senate |
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| 32 | 32 | | I hereby certify that S.B. No. 784 passed the House on |
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| 33 | 33 | | May 12, 2023, by the following vote: Yeas 99, Nays 42, two |
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| 34 | 34 | | present not voting. |
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| 35 | 35 | | ______________________________ |
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| 36 | 36 | | Chief Clerk of the House |
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| 37 | 37 | | Approved: |
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| 38 | 38 | | ______________________________ |
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| 39 | 39 | | Date |
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| 40 | 40 | | ______________________________ |
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| 41 | 41 | | Governor |
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