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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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energy source or engine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 7, Local Government Code, is |
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amended by adding Chapter 247 to read as follows: |
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CHAPTER 247. REGULATION OF ENERGY SOURCES AND ENGINES |
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Sec. 247.001. DEFINITIONS. In this chapter: |
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(1) "Energy source" means any fuel or power source |
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used to power an engine. |
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(2) "Engine" means a machine for converting an energy |
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source into mechanical force and motion, including a generator or |
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an internal combustion engine. |
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(3) "Political subdivision" includes a county, |
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municipality, special district, school district, junior college |
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district, or housing authority. |
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(4) "Retail service station" has the meaning assigned |
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by Section 753.001, Health and Safety Code. |
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Sec. 247.002. RESTRICTION ON REGULATION OF ENERGY SOURCES. |
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A political subdivision may not adopt or enforce an ordinance, |
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order, regulation, or similar measure that limits access to an |
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energy source or that results in the effective prohibition of a |
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wholesaler, retailer, energy producer, or related infrastructure, |
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including a retail service station, that is necessary to provide |
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access to a specific energy source. |
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Sec. 247.003. RESTRICTION ON REGULATION OF ENGINES. (a) A |
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political subdivision may not adopt or enforce an ordinance, order, |
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regulation, or similar measure that directly or indirectly |
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prohibits or restricts the use, sale, or lease of an engine based on |
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its fuel source. |
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(b) This section does not limit the authority of a political |
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subdivision to adopt or enforce an ordinance, order, regulation, or |
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similar measure relating to an engine that: |
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(1) does not effectively prohibit or restrict the use, |
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sale, or lease of the engine; and |
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(2) is not preempted by state or federal law. |
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(c) Section 81.0523, Natural Resources Code, prevails to |
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the extent of a conflict with this section. |
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SECTION 2. This Act takes effect September 1, 2023. |