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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a political subdivision to prohibit an |
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activity over which the Railroad Commission of Texas has |
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jurisdiction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 81, Natural Resources |
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Code, is amended by adding Section 81.0523 to read as follows: |
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Sec. 81.0523. POLITICAL SUBDIVISION AUTHORITY. (a) A |
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political subdivision may not adopt or enforce an order, ordinance, |
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or similar measure that prohibits or has the effect of prohibiting |
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an operation under the jurisdiction of the commission as described |
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by Section 81.051. |
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(b) The commission has exclusive jurisdiction to determine |
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whether the adoption or enforcement by a political subdivision of |
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an order, ordinance, or similar measure prohibits or has the effect |
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of prohibiting an operation under the jurisdiction of the |
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commission as described by Section 81.051. |
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(c) A person affected by the adoption or enforcement by a |
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political subdivision of an order, ordinance, or similar measure |
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may submit to the commission a request that the commission make a |
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determination described by Subsection (b) with respect to the |
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adoption or enforcement of the order, ordinance, or measure. The |
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person and the political subdivision shall share equally the costs |
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incurred by the commission in connection with making the |
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determination. |
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(d) A commission determination issued under this section is |
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not appealable. |
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SECTION 2. This Act takes effect September 1, 2015. |