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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting a municipality from enacting regulations on |
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air pollution that apply outside its corporate limits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 217.042, Local |
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Government Code, is amended to read as follows: |
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(a) The municipality may define and prohibit any nuisance |
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within the limits of the municipality and, for a nuisance the |
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definition of which does not address levels of emissions authorized |
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in an air permit issued by the Texas Commission on Environmental |
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Quality, within 5,000 feet outside the limits. |
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SECTION 2. Section 382.113, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 382.113. AUTHORITY OF MUNICIPALITIES. (a) Subject to |
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Section 381.002, a municipality has the powers and rights as are |
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otherwise vested by law in the municipality to: |
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(1) abate a nuisance; and |
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(2) enact and enforce an ordinance for the control and |
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abatement of air pollution, or any other ordinance, not |
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inconsistent with this chapter or the commission's rules, permits, |
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or orders. |
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(b) An ordinance enacted by a municipality: |
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(1) must be consistent with this chapter and the |
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commission's rules, permits, and orders; |
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(2) [and] may not make unlawful a condition or act |
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approved or authorized under this chapter or the commission's |
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rules, permits, or orders; and |
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(3) does not apply outside the corporate limits of the |
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municipality. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |