| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to prohibiting the adoption or enforcement of certain |
|
|
federal emissions regulations during a declared emergency. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 38, Utilities Code, is amended by adding |
|
|
Subchapter G to read as follows: |
|
|
SUBCHAPTER G. PROHIBITION ON ADOPTION OR ENFORCEMENT OF CERTAIN |
|
|
FEDERAL EMISSIONS REGULATIONS DURING CERTAIN DECLARED EMERGENCIES |
|
|
Sec. 38.251. APPLICABILITY. The prohibition under this |
|
|
subchapter applies only during a state of disaster declared by the |
|
|
governor involving an extreme weather emergency, as defined by |
|
|
Section 104.258. |
|
|
Sec. 38.252. CERTAIN STATE AND LOCAL REGULATIONS |
|
|
PROHIBITED. (a) This section applies to: |
|
|
(1) an agency, department, commission, bureau, board, |
|
|
office, council, court, or other entity that is any branch of state |
|
|
government and that is created by the constitution or a statute of |
|
|
this state; or |
|
|
(2) the governing body of a municipality, county, or |
|
|
special district. |
|
|
(b) An entity described by Subsection (a) may not adopt or |
|
|
enforce a rule, ordinance, order, policy, or other similar measure |
|
|
established by the United States Environmental Protection Agency |
|
|
relating to electric power generation, transmission, and |
|
|
distribution or the processing and transportation of natural gas |
|
|
that impedes the state's ability to maintain the quality and |
|
|
reliability of electric service during an extreme weather emergency |
|
|
unless state law specifically authorizes or requires the adoption |
|
|
and enforcement of such a rule, ordinance, order, policy, or |
|
|
measure. |
|
|
Sec. 38.253. CERTAIN FEDERAL LAWS UNENFORCEABLE. A federal |
|
|
statute, order, rule, or regulation purporting to implement or |
|
|
enforce a rule, ordinance, order, policy, or other similar measure |
|
|
established by the United States Environmental Protection Agency |
|
|
relating to electric power generation, transmission, and |
|
|
distribution or the processing and transportation of natural gas in |
|
|
this state that impedes the state's ability to maintain the quality |
|
|
and reliability of electric service is unenforceable as against the |
|
|
public policy of this state and has no effect. |
|
|
Sec. 38.254. CIVIL LIABILITY. (a) A person affected by the |
|
|
enforcement or attempted enforcement of a rule, ordinance, order, |
|
|
policy, or other similar measure established by the United States |
|
|
Environmental Protection Agency in violation of this subchapter |
|
|
that impedes the state's ability to maintain the quality and |
|
|
reliability of electric service during an extreme weather emergency |
|
|
may bring a civil action for damages incurred by the person in the |
|
|
enforcement or attempted enforcement against the person who |
|
|
enforced or attempted to enforce the rule, ordinance, order, |
|
|
policy, or measure. |
|
|
(b) A person is not liable under Subsection (a) for the |
|
|
enforcement or attempted enforcement of a rule, ordinance, order, |
|
|
policy, or other similar measure issued as specifically authorized |
|
|
or required under the laws of this state. |
|
|
(c) The sovereign immunity of this state, governmental |
|
|
immunity of a political subdivision, and official immunity of an |
|
|
officer or employee of this state or a political subdivision is |
|
|
waived to the extent of liability created by this subchapter. |
|
|
SECTION 2. Section 38.254, Utilities Code, as added by this |
|
|
Act, applies only to a cause of action that accrues on or after the |
|
|
effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2025. |