Bill Text: TX HB2855 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the authority of a political subdivision to prohibit an activity over which the Railroad Commission of Texas has jurisdiction.
Sponsorship: Partisan Bill (Republican 3)
Status: (Introduced - Dead) 2015-03-16 - Referred to Energy Resources [HB2855 Detail]
Download: Texas-2015-HB2855-Introduced.html
| 84R6293 JXC-D | ||
| By: Darby | H.B. No. 2855 | |
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| relating to the authority of a political subdivision to prohibit an | ||
| activity over which the Railroad Commission of Texas has | ||
| jurisdiction. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 81, Natural Resources | ||
| Code, is amended by adding Section 81.0523 to read as follows: | ||
| Sec. 81.0523. POLITICAL SUBDIVISION AUTHORITY. (a) A | ||
| political subdivision may not adopt or enforce an order, ordinance, | ||
| or similar measure that prohibits or has the effect of prohibiting | ||
| an operation under the jurisdiction of the commission as described | ||
| by Section 81.051. | ||
| (b) The commission has exclusive jurisdiction to determine | ||
| whether the adoption or enforcement by a political subdivision of | ||
| an order, ordinance, or similar measure prohibits or has the effect | ||
| of prohibiting an operation under the jurisdiction of the | ||
| commission as described by Section 81.051. | ||
| (c) A person affected by the adoption or enforcement by a | ||
| political subdivision of an order, ordinance, or similar measure | ||
| may submit to the commission a request that the commission make a | ||
| determination described by Subsection (b) with respect to the | ||
| adoption or enforcement of the order, ordinance, or measure. The | ||
| person and the political subdivision shall share equally the costs | ||
| incurred by the commission in connection with making the | ||
| determination. | ||
| (d) A commission determination issued under this section is | ||
| not appealable. | ||
| SECTION 2. This Act takes effect September 1, 2015. | ||
