By: Landgraf, et al. (Senate Sponsor - Springer) H.B. No. 33

(In the Senate - Received from the House May 8, 2023; May 9, 2023, read first time and referred to Committee on Natural Resources & Economic Development; May 19, 2023, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 3, one present not voting; May 19, 2023, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 33 By: Hughes

A BILL TO BE ENTITLED

AN ACT

relating to the enforcement of certain federal laws regulating oil and gas operations within the State of Texas.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 3, Natural Resources Code, is amended by adding Chapter 82 to read as follows:

CHAPTER 82. ENFORCEMENT OF FEDERAL LAWS

Sec. 82.0101. DEFINITION. In this chapter, "oil and gas operation" has the meaning assigned by Section 81.0523.

Sec. 82.0102. ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING OIL AND GAS OPERATIONS. (a) An agency of this state or a person employed by an agency of this state may not contract with or in any other manner provide assistance to a federal agency or official with respect to the enforcement of a federal statute, order, rule, or regulation purporting to regulate oil and gas operations if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation that does not exist under the laws of this state.

(b) The attorney general shall defend any agency of this state that the federal government attempts to sue for an action or omission consistent with the requirements of this section.

(c) This section does not prohibit a state agency from:

(1) implementing a federal law by executing authority delegated to the state agency by a federal agency; or

(2) entering into a memorandum of understanding with a federal agency to implement a federal law, if otherwise authorized by state law.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.

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