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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) A political subdivision may not adopt or enforce an ordinance, |
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order, regulation, or similar measure that limits access to or use |
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of an energy source or that results in the effective prohibition of |
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infrastructure that is necessary to provide access to a specific |
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energy source, including a wholesaler, retailer, energy producer, |
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or related infrastructure, including a retail service station. |
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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 energy source, or infrastructure |
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that is necessary to provide access to a specific energy source, |
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that: |
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(1) provides siting requirements, including siting |
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requirements involving certain geographic areas; |
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(2) does not effectively prohibit the operation of an |
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energy source or infrastructure that is necessary to provide access |
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to a specific energy source; and |
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(3) is not preempted by state or federal law. |
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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 prohibits or restricts |
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the use, sale, or lease of an engine based on 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 not preempted by state or federal law that: |
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(1) does not effectively prohibit or restrict the use, |
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sale, or lease of the engine; |
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(2) implements an agreement between the political |
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subdivision and the Texas Commission on Environmental Quality to |
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regulate motor vehicle idling under Section 382.019, Health and |
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Safety Code; or |
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(3) only affects an engine owned or operated by the |
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political subdivision and is included in the state implementation |
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plan or otherwise necessary for compliance with the federal Clean |
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Air Act (42 U.S.C. Section 7401 et seq.). |
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(c) This section does not limit the authority of a political |
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subdivision to adopt an ordinance, order, regulation, resolution, |
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policy, or other similar measure to encourage, promote, or provide |
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rebates for engines and fuel sources from alternative sources such |
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as electricity, hydrogen, gas, or biofuels and that does not |
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directly or effectively ban, restrict, or prohibit the use, sale, |
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or lease of an engine based on the engine's fuel source. |
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(d) 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1017 passed the Senate on |
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April 5, 2023, by the following vote: Yeas 29, Nays 2; and that |
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the Senate concurred in House amendment on May 1, 2023, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1017 passed the House, with |
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amendment, on April 25, 2023, by the following vote: Yeas 116, |
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Nays 30, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |