By: Birdwell  S.B. No. 784
         (In the Senate - Filed February 8, 2023; March 1, 2023, read
  first time and referred to Committee on Natural Resources &
  Economic Development; April 4, 2023, reported favorably by the
  following vote:  Yeas 7, Nays 0; April 4, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the exclusive jurisdiction of the state to regulate
  greenhouse gas emissions in this state and the express preemption
  of local regulation of those emissions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 382, Health and Safety
  Code, is amended by adding Section 382.005 to read as follows:
         Sec. 382.005.  EXCLUSIVE JURISDICTION TO REGULATE
  GREENHOUSE GAS EMISSIONS AND EXPRESS PREEMPTION OF LOCAL
  REGULATIONS. (a) In this section, "greenhouse gas emissions" has
  the meaning assigned by Section 382.05102.
         (b)  To the extent not preempted by federal law, the state
  has exclusive jurisdiction over the regulation of greenhouse gas
  emissions in this state.
         (c)  A municipality or other political subdivision may not
  enact or enforce an ordinance or other measure that directly
  regulates greenhouse gas emissions.
         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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