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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 regulate 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 adopt or enforce an order, ordinance, or |
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similar measure that applies to a person or operation over whom or |
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which the commission has jurisdiction under this title only as |
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provided by this section. |
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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 applies to a person or |
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operation over whom or which the commission has jurisdiction under |
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this title. |
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(c) A political subdivision shall petition the commission |
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for permission before adopting or enforcing an ordinance, order, or |
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similar measure described by Subsection (a). |
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(d) The commission may grant a petition only if the |
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political subdivision offers proof satisfactory to the commission |
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that the ordinance, order, or similar measure is reasonable and |
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enhances public safety. |
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(e) This section does not apply to an ordinance, order, or |
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similar measure described by Subsection (a) that is authorized by a |
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state agency other than the commission. |
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(f) A provision of this title that affirms the authority of |
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or grants authority to a political subdivision to regulate a person |
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or operation over whom or which the commission has jurisdiction |
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under this title does not exempt the political subdivision from |
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complying with this section. |
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SECTION 2. Subchapter B, Chapter 121, Utilities Code, is |
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amended by adding Section 121.053 to read as follows: |
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Sec. 121.053. POLITICAL SUBDIVISION AUTHORITY. (a) A |
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political subdivision may adopt or enforce an order, ordinance, or |
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similar measure that applies to any aspect or phase of the gas |
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pipeline industry only as provided by this section. |
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(b) The railroad commission has exclusive |
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jurisdiction to |
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determine whether the adoption or enforcement by a political |
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subdivision of an order, ordinance, or similar measure applies to |
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any aspect or phase of the gas pipeline industry. |
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(c) A political subdivision shall petition the railroad |
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commission for permission before adopting or enforcing an |
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ordinance, order, or similar measure described by Subsection (a). |
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(d) The railroad commission may grant a petition only if the |
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political subdivision offers proof satisfactory to the railroad |
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commission that the ordinance, order, or similar measure is |
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reasonable and enhances public safety. |
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(e) This section does not apply to an ordinance, order, or |
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similar measure described by Subsection (a) that is authorized by a |
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state agency other than the railroad commission. |
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(f) A provision of this chapter that affirms the authority |
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of or grants authority to a political subdivision to regulate any |
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aspect or phase of the gas pipeline industry does not exempt the |
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political subdivision from complying with this section. |
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SECTION 3. Section 113.054, Natural Resources Code, is |
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repealed. |
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SECTION 4. Sections 81.0523, Natural Resources Code, and |
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121.053, Utilities Code, as added by this Act, apply to an |
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ordinance, order, or similar measure adopted by a political |
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subdivision before, on, or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2015. |