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A BILL TO BE ENTITLED
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AN ACT
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relating to the effect of rules and standards adopted by the |
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Railroad Commission of Texas relating to the liquefied petroleum |
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gas industry on ordinances, orders, or rules adopted by political |
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subdivisions relating to that industry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 113, Natural Resources |
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Code, is amended by adding Section 113.054 to read as follows: |
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Sec. 113.054. EFFECT ON OTHER LAW. (a) The rules and |
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standards promulgated and adopted by the commission under Section |
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113.051 preempt and supersede any ordinance, order, or rule adopted |
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by a political subdivision of this state relating to any aspect or |
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phase of the LPG industry, to the extent that the rules and |
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standards are more protective of the health, welfare, and safety of |
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the general public than the ordinance, order, or rule. |
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(b) Notwithstanding Subsection (a), on approval of the |
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commission, a political subdivision may adopt or enforce an |
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ordinance, order, or rule relating to any aspect or phase of the LPG |
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industry that would otherwise be preempted and superseded by a rule |
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or standard promulgated and adopted by the commission. |
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SECTION 2. This Act takes effect September 1, 2011. |