By: Jackson  S.B. No. 1317
         (In the Senate - Filed March 7, 2007; March 19, 2007, read
  first time and referred to Committee on Natural Resources;
  April 25, 2007, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 11, Nays 0; April 25, 2007,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1317 By:  Jackson
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to prohibiting a municipality from enacting regulations on
  air pollution that apply outside its corporate limits.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 217.042, Local
  Government Code, is amended to read as follows:
         (a)  The municipality may define and prohibit any nuisance
  within the limits of the municipality and, for a nuisance the
  definition of which does not address levels of emissions authorized
  in an air permit issued by the Texas Commission on Environmental
  Quality, within 5,000 feet outside the limits.
         SECTION 2.  Section 382.113, Health and Safety Code, is
  amended to read as follows:
         Sec. 382.113.  AUTHORITY OF MUNICIPALITIES.  (a)  Subject to
  Section 381.002, a municipality has the powers and rights as are
  otherwise vested by law in the municipality to:
               (1)  abate a nuisance; and
               (2)  enact and enforce an ordinance for the control and
  abatement of air pollution, or any other ordinance, not
  inconsistent with this chapter or the commission's rules, permits,
  or orders.
         (b)  An ordinance enacted by a municipality:
               (1) must be consistent with this chapter and the
  commission's rules, permits, and orders;
               (2)  [and] may not make unlawful a condition or act
  approved or authorized under this chapter or the commission's
  rules, permits, or orders; and
               (3)  does not apply outside the corporate limits of the
  municipality.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
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