Amend CSHB 40 (house committee report), page 3, SECTION 2 (c)(1) by inserting in line 53 the phrase "establishes setbacks from daycares, churches, schools, hospitals, or nursing homes". Appropriately renumber Section 2(c).
(c)  The authority of a municipality or other political subdivision to regulate an oil and gas operation is expressly preempted, except that a municipality may enact, amend, or enforce an ordinance or other measure that:
(1)  establishes setbacks from daycares, churches, schools, hospitals, or nursing homes, or
(12)  regulates only aboveground activity related to an oil and gas operation that occurs at or above the surface of the ground, including a regulation governing fire and emergency response, traffic, lights, or noise, or imposing notice or reasonable setback requirements;
(23)  is commercially reasonable;
(34)  does not effectively prohibit an oil and gas operation conducted by a reasonably prudent operator; and
(45)  is not otherwise preempted by state or federal law.