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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of certain federal laws regulating oil |
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and gas operations within the State of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 3, Natural Resources Code, is |
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amended by adding Chapter 82 to read as follows: |
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CHAPTER 82. ENFORCEMENT OF FEDERAL LAWS |
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Sec. 82.0101. DEFINITION. In this chapter, "oil and gas |
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operation" has the meaning assigned by Section 81.0523. |
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Sec. 82.0102. ENFORCEMENT OF CERTAIN FEDERAL LAWS |
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REGULATING OIL AND GAS OPERATIONS. (a) An agency of this state or a |
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person employed by an agency of this state may not contract with or |
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in any other manner provide assistance to a federal agency or |
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official with respect to the enforcement of a federal statute, |
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order, rule, or regulation purporting to regulate oil and gas |
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operations if the statute, order, rule, or regulation imposes a |
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prohibition, restriction, or other regulation that does not exist |
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under the laws of this state. |
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(b) The attorney general shall defend any agency of this |
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state that the federal government attempts to sue for an action or |
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omission consistent with the requirements of this section. |
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(c) This section does not prohibit a state agency from |
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entering into a memorandum of agreement with a federal agency to |
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implement a federal law if otherwise authorized by state law, |
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including a memorandum of agreement that authorizes the state |
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agency to execute authority delegated to that state agency by the |
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federal agency. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |