Bill Text: TX SB1017 | 2023-2024 | 88th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the authority of a political subdivision to regulate an energy source or engine.

Spectrum: Strong Partisan Bill (Republican 14-1)

Status: (Passed) 2023-05-13 - Effective on 9/1/23 [SB1017 Detail]

Download: Texas-2023-SB1017-Engrossed.html
 
 
  By: Birdwell, Hall S.B. No. 1017
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 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.
         (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 cleaner engines and cleaner fuel sources 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.
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