HB 40 - Specifies That The State Will Regulate Oil and Gas Operations - Texas Key Vote

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Title: Specifies That The State Will Regulate Oil and Gas Operations

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Title: Specifies That The State Will Regulate Oil and Gas Operations

Vote Smart's Synopsis:

Vote to pass a bill that specifies that the state will regulate oil and gas operations.

Highlights:

  • Prohibits a municipality or political subdivision from enacting or enforcing regulations designed to prohibit, limit, or otherwise regulate an “oil and gas operation” (Sec. 2).
  • Defines “oil and gas operation” as an activity associated with the exploration, development, production, processing, and transportation of oil and gas, including, but not limited to, drilling, hydraulic fracture stimulation, maintenance, and disposal (Sec. 2).
  • Authorizes a municipality or political subdivision to regulate oil and gas operations if the regulation is not otherwise preempted by state or federal law and meets the following requirements (Sec. 2):
    • The regulation applies only to aboveground oil and gas operation activity, including fire and emergency response, traffic, lights, noise, imposing notice, or reasonable setback requirements;
    • The regulation is “commercially reasonable”; and
    • The regulation has been in effect for at least 5 years and has allowed the oil and gas operations at issue to continue during that period.
  • Defines “commercially reasonable” as a condition that allows a reasonably prudent oil and gas operator to fully, effectively, and economically exploit, develop, produce, process, and transport oil and gas (Sec. 2).
  • Specifies that the bill will take effect immediately if the bill receives at least two-thirds of all votes, or no later than September 1, 2015 (Sec. 3). 

 

Title: Specifies That The State Will Regulate Oil and Gas Operations

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