88R8851 MZM-D
 
  By: Goldman H.B. No. 3856
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 250, Local Government Code, is amended
  by adding Section 250.014 to read as follows:
         Sec. 250.014.  REGULATION OF PRODUCTS FOR EMISSIONS
  REDUCTION PROHIBITED. (a)  In this section, "greenhouse gas
  emissions" has the meaning assigned by Section 382.05102, Health
  and Safety Code.
         (b)  Notwithstanding any other law, a political subdivision,
  for the purpose of reducing greenhouse gas emissions or conserving
  natural resources, may not:
               (1)  adopt or enforce 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)  enter 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.  Section 250.014(b)(2), Local Government Code, as
  added by this Act, applies only to a contract entered into on or
  after the effective date of this Act.  A contract entered into
  before the effective date of this Act is governed by the law in
  effect on the date the contract was entered into, and the former law
  is continued in effect for that purpose.
         SECTION 3.  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.