Bill Text: TX SB1017 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the authority of a political subdivision to regulate an energy source or engine.
Sponsorship: Strong Partisan Bill (Republican 14-1)
Status: (Passed) 2023-05-13 - Effective on 9/1/23 [SB1017 Detail]
Download: Texas-2023-SB1017-Enrolled.html
| S.B. No. 1017 | ||
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| relating to the authority of a political subdivision to regulate an | ||
| energy source or engine. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle C, Title 7, Local Government Code, is | ||
| amended by adding Chapter 247 to read as follows: | ||
| CHAPTER 247. REGULATION OF ENERGY SOURCES AND ENGINES | ||
| Sec. 247.001. DEFINITIONS. In this chapter: | ||
| (1) "Energy source" means any fuel or power source | ||
| used to power an engine. | ||
| (2) "Engine" means a machine for converting an energy | ||
| source into mechanical force and motion, including a generator or | ||
| an internal combustion engine. | ||
| (3) "Political subdivision" includes a county, | ||
| municipality, special district, school district, junior college | ||
| district, or housing authority. | ||
| (4) "Retail service station" has the meaning assigned | ||
| by Section 753.001, Health and Safety Code. | ||
| Sec. 247.002. RESTRICTION ON REGULATION OF ENERGY SOURCES. | ||
| (a) A political subdivision may not adopt or enforce an ordinance, | ||
| order, regulation, or similar measure that limits access to or use | ||
| of an energy source or that results in the effective prohibition of | ||
| infrastructure that is necessary to provide access to a specific | ||
| energy source, including a wholesaler, retailer, energy producer, | ||
| or related infrastructure, including a retail service station. | ||
| (b) This section does not limit the authority of a political | ||
| subdivision to adopt or enforce an ordinance, order, regulation, or | ||
| similar measure relating to an energy source, or infrastructure | ||
| that is necessary to provide access to a specific energy source, | ||
| that: | ||
| (1) provides siting requirements, including siting | ||
| requirements involving certain geographic areas; | ||
| (2) does not effectively prohibit the operation of an | ||
| energy source or infrastructure that is necessary to provide access | ||
| to a specific energy source; and | ||
| (3) is not preempted by state or federal law. | ||
| Sec. 247.003. RESTRICTION ON REGULATION OF ENGINES. (a) A | ||
| political subdivision may not adopt or enforce an ordinance, order, | ||
| regulation, or similar measure that directly prohibits or restricts | ||
| the use, sale, or lease of an engine based on its fuel source. | ||
| (b) This section does not limit the authority of a political | ||
| subdivision to adopt or enforce an ordinance, order, regulation, or | ||
| similar measure not preempted by state or federal law that: | ||
| (1) does not effectively prohibit or restrict the use, | ||
| sale, or lease of the engine; | ||
| (2) implements an agreement between the political | ||
| subdivision and the Texas Commission on Environmental Quality to | ||
| regulate motor vehicle idling under Section 382.019, Health and | ||
| Safety Code; or | ||
| (3) only affects an engine owned or operated by the | ||
| political subdivision and is included in the state implementation | ||
| plan or otherwise necessary for compliance with the federal Clean | ||
| Air Act (42 U.S.C. Section 7401 et seq.). | ||
| (c) This section does not limit the authority of a political | ||
| subdivision to adopt an ordinance, order, regulation, resolution, | ||
| policy, or other similar measure to encourage, promote, or provide | ||
| rebates for engines and fuel sources from alternative sources such | ||
| as electricity, hydrogen, gas, or biofuels and that does not | ||
| directly or effectively ban, restrict, or prohibit the use, sale, | ||
| or lease of an engine based on the engine's fuel source. | ||
| (d) Section 81.0523, Natural Resources Code, prevails to | ||
| the extent of a conflict with this section. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 1017 passed the Senate on | ||
| April 5, 2023, by the following vote: Yeas 29, Nays 2; and that | ||
| the Senate concurred in House amendment on May 1, 2023, by the | ||
| following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 1017 passed the House, with | ||
| amendment, on April 25, 2023, by the following vote: Yeas 116, | ||
| Nays 30, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
