Bill Text: TX SB1734 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the enforcement of certain federal laws regulating oil and gas operations within the State of Texas.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-26 - Referred to Natural Resources & Economic Development [SB1734 Detail]

Download: Texas-2021-SB1734-Introduced.html
  87R8599 JXC-D
 
  By: Springer S.B. No. 1734
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the enforcement of certain federal laws regulating oil
  and gas operations within the State of Texas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 3, Natural Resources Code, is
  amended by adding Chapter 82 to read as follows:
  CHAPTER 82. ENFORCEMENT OF FEDERAL LAWS
         Sec. 82.0101.  DEFINITION. In this chapter, "oil and gas
  operation" has the meaning assigned by Section 81.0523.
         Sec. 82.0102.  ENFORCEMENT OF CERTAIN FEDERAL LAWS
  REGULATING OIL AND GAS OPERATIONS. (a) An agency of this state or a
  political subdivision of this state, and a law enforcement officer
  or other person employed by an agency of this state or a political
  subdivision of this state, may not contract with or in any other
  manner provide assistance to a federal agency or official with
  respect to the enforcement of a federal statute, order, rule, or
  regulation purporting to regulate oil and gas operations if the
  statute, order, rule, or regulation imposes a prohibition,
  restriction, or other regulation that does not exist under the laws
  of this state.
         (b)  A political subdivision of this state may not receive
  state grant funds if the political subdivision adopts a rule,
  order, ordinance, or policy under which the political subdivision
  requires the enforcement of any federal statute, order, rule, or
  regulation described by Subsection (a) or, by consistent actions,
  requires the enforcement of any federal statute, order, rule, or
  regulation described by Subsection (a). State grant funds for the
  political subdivision shall be denied for the fiscal year following
  the year in which a final judicial determination in an action
  brought under this section is made that the political subdivision
  has intentionally required the enforcement of any federal statute,
  order, rule, or regulation described by Subsection (a).
         (c)  Any citizen residing in the jurisdiction of a political
  subdivision of this state may file a complaint with the attorney
  general if the citizen offers evidence to support an allegation
  that the political subdivision has adopted a rule, order,
  ordinance, or policy under which the political subdivision requires
  the enforcement of any federal statute, order, rule, or regulation
  described by Subsection (a) or an allegation that the political
  subdivision, by consistent actions, requires the enforcement of any
  federal statute, order, rule, or regulation described by Subsection
  (a). The citizen must include with the complaint the evidence the
  citizen has that supports the complaint.
         (d)  If the attorney general determines that a complaint
  filed under Subsection (c) against a political subdivision of this
  state is valid, the attorney general may file a petition for a writ
  of mandamus or apply for other appropriate equitable relief in a
  district court in Travis County or in a county in which the
  principal office of the political subdivision is located to compel
  the political subdivision to comply with Subsection (a). The
  attorney general may recover reasonable expenses incurred in
  obtaining relief under this subsection, including court costs,
  reasonable attorney's fees, investigative costs, witness fees, and
  deposition costs.
         (e)  An appeal of a suit brought under Subsection (d) is
  governed by the procedures for accelerated appeals in civil cases
  under the Texas Rules of Appellate Procedure. The appellate court
  shall render its final order or judgment with the least possible
  delay.
         (f)  The attorney general shall defend any agency of this
  state that the federal government attempts to sue for an action or
  omission consistent with the requirements of this section.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
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