Bill Text: TX HB2374 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the authority of a political subdivision to regulate an energy source or engine.
Spectrum: Moderate Partisan Bill (Republican 15-2)
Status: (Introduced - Dead) 2023-04-24 - Laid on the table subject to call [HB2374 Detail]
Download: Texas-2023-HB2374-Comm_Sub.html
| 88R9027 KBB-F | ||
| By: Landgraf, Darby, Manuel, Thimesch, | H.B. No. 2374 | |
| Button, et al. | ||
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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 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 a | ||
| wholesaler, retailer, energy producer, or related infrastructure, | ||
| including a retail service station, that is necessary to provide | ||
| access to a specific energy source. | ||
| 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 or indirectly | ||
| 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 relating to an engine that: | ||
| (1) does not effectively prohibit or restrict the use, | ||
| sale, or lease of the engine; and | ||
| (2) is not preempted by state or federal law. | ||
| (c) 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. | ||
