BILL ANALYSIS

 

 

Senate Research Center

S.B. 1114

88R8851 MZM-D

By: Hancock

 

Natural Resources & Economic Development

 

3/20/2023

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

A growing number of local governments are proposing ordinances and rules restricting the use and distribution of certain products in the name of sustainability and environmentalism. These policies are burdensome to citizens and businesses alike, causing unnecessary financial strain while offering little to no real environmental benefits.

 

S.B. 1114 prohibits a political subdivision from adopting or enforcing an ordinance or entering into a contract that prohibits or restricts the use or sale of lawful products in the name of reducing greenhouse gas emissions or conserving natural resources.

 

As proposed, S.B. 1114 amends current law relating to the authority of a political subdivision to regulate the use or sale of a product for the purpose of reducing greenhouse gas emissions or conserving natural resources.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Chapter 250, Local Government Code, by adding Section 250.014, as follows:

 

Sec. 250.014.  REGULATION OF PRODUCTS FOR EMISSIONS REDUCTION PROHIBITED. (a) Defines "greenhouse gas emissions."

 

(b) Prohibits a political subdivision, notwithstanding any other law, for the purpose of reducing greenhouse gas emissions or conserving natural resources, from:

 

(1)  adopting or enforcing an ordinance, order, regulation, or other measure that prohibits or restricts the use or sale of a product that is otherwise permitted by state and federal law; or

 

(2)  entering into a contract that directly or indirectly prohibits the use or sale of any product that is otherwise permitted by state and federal law.

 

SECTION 2. Makes application of Section 250.014(b)(2), Local Government Code, as added by this Act, prospective.

 

SECTION 3. Effective date: upon passage or September 1, 2023.