Bill
Bill > HB40
TX HB40
TX HB40Relating to the exclusive jurisdiction of this state to regulate oil and gas operations in this state and the express preemption of local regulation of those operations.
summary
Introduced
03/10/2015
03/10/2015
In Committee
04/30/2015
04/30/2015
Crossed Over
04/20/2015
04/20/2015
Passed
05/04/2015
05/04/2015
Dead
Signed/Enacted/Adopted
05/18/2015
05/18/2015
Introduced Session
84th Legislature Regular Session
Bill Summary
Relating to the exclusive jurisdiction of this state to regulate oil and gas operations in this state and the express preemption of local regulation of those operations.
AI Summary
This bill declares that the state of Texas has exclusive jurisdiction over oil and gas operations, meaning that local governments like cities cannot enact or enforce rules that ban, limit, or otherwise regulate these activities. An "oil and gas operation" is broadly defined to include everything from exploration and drilling to processing, transportation, and even plugging and abandoning wells. While local governments are generally prohibited from regulating these operations, they can still enact ordinances related to aboveground activities such as fire safety, emergency response, traffic, lights, or noise, as long as these regulations are "commercially reasonable" – meaning they allow for the effective and economic exploitation of oil and gas resources by a reasonably prudent operator – and do not effectively prohibit such operations. Ordinances that have been in place for at least five years and have allowed operations to continue are presumed to be commercially reasonable. This legislation aims to preempt local regulations that might hinder oil and gas development, which the state views as crucial for its economy and prosperity.
Committee Categories
Agriculture and Natural Resources
Sponsors (79)
Drew Darby (R)*,
Troy Fraser (R)*,
Jim Keffer (R)*,
Phil King (R)*,
Rene Oliveira (D)*,
Senfronia Thompson (D)*,
Carol Alvarado (D),
Doc Anderson (R),
Trent Ashby (R),
Jimmie Aycock (R),
Cecil Bell (R),
Dwayne Bohac (R),
Greg Bonnen (R),
Cindy Burkett (R),
DeWayne Burns (R),
Dustin Burrows (R),
Angie Button (R),
Giovanni Capriglione (R),
Travis Clardy (R),
Anthony Dale (R),
Sarah Davis (R),
Wayne Faircloth (R),
Pat Fallon (R),
Allen Fletcher (R),
Dan Flynn (R),
James Frank (R),
Rick Galindo (R),
Larry Gonzales (R),
Ryan Guillen (R),
Patricia Harless (R),
Dan Huberty (R),
Bryan Hughes (R),
Jason Isaac (R),
Kyle Kacal (R),
Mark Keough (R),
Ken King (R),
Tracy King (D),
Stephanie Klick (R),
Matt Krause (R),
Brooks Landgraf (R),
Lyle Larson (R),
Jodie Laubenberg (R),
Jeff Leach (R),
Oscar Longoria (D),
J.M. Lozano (R),
Mando Martinez (D),
Will Metcalf (R),
Morgan Meyer (R),
Rick Miller (R),
Jim Murphy (R),
Andy Murr (R),
Poncho Nevárez (D),
Chris Paddie (R),
Dennis Paul (R),
Gilbert Pena (R),
Dade Phelan (R),
Debbie Riddle (R),
Matt Rinaldi (R),
Scott Sanford (R),
Matt Schaefer (R),
Mike Schofield (R),
Leighton Schubert (R),
Matt Shaheen (R),
J.D. Sheffield (R),
Ron Simmons (R),
David Simpson (R),
Stuart Spitzer (R),
Drew Springer (R),
Phil Stephenson (R),
Jonathan Stickland (R),
Tony Tinderholt (R),
Scott Turner (R),
Jason Villalba (R),
James White (R),
Molly White (R),
Paul Workman (R),
John Wray (R),
Bill Zedler (R),
John Zerwas (R),
Last Action
Effective immediately (on 05/18/2015)
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