Hopper Emergency Emissions Bill Voids Federal Law, No Emergency Needed

The text as introduced · 529 words

89R4983 ANG-D

By: Hopper
H.B. No. 3933

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the adoption or enforcement of certain

federal emissions regulations during a declared emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 38, Utilities Code, is amended by adding

Subchapter G to read as follows:

SUBCHAPTER G. PROHIBITION ON ADOPTION OR ENFORCEMENT OF CERTAIN

FEDERAL EMISSIONS REGULATIONS DURING CERTAIN DECLARED EMERGENCIES

Sec. 38.251. APPLICABILITY. The prohibition under this

subchapter applies only during a state of disaster declared by the

governor involving an extreme weather emergency, as defined by

Section 104.258.

Sec. 38.252. CERTAIN STATE AND LOCAL REGULATIONS

PROHIBITED. (a) This section applies to:

(1) an agency, department, commission, bureau, board,

office, council, court, or other entity that is any branch of state

government and that is created by the constitution or a statute of

this state; or

(2) the governing body of a municipality, county, or

special district.

(b) An entity described by Subsection (a) may not adopt or

enforce a rule, ordinance, order, policy, or other similar measure

established by the United States Environmental Protection Agency

relating to electric power generation, transmission, and

distribution or the processing and transportation of natural gas

that impedes the state's ability to maintain the quality and

reliability of electric service during an extreme weather emergency

unless state law specifically authorizes or requires the adoption

and enforcement of such a rule, ordinance, order, policy, or

measure.

Sec. 38.253. CERTAIN FEDERAL LAWS UNENFORCEABLE. A federal

statute, order, rule, or regulation purporting to implement or

enforce a rule, ordinance, order, policy, or other similar measure

established by the United States Environmental Protection Agency

relating to electric power generation, transmission, and

distribution or the processing and transportation of natural gas in

this state that impedes the state's ability to maintain the quality

and reliability of electric service is unenforceable as against the

public policy of this state and has no effect.

Sec. 38.254. CIVIL LIABILITY. (a) A person affected by the

enforcement or attempted enforcement of a rule, ordinance, order,

policy, or other similar measure established by the United States

Environmental Protection Agency in violation of this subchapter

that impedes the state's ability to maintain the quality and

reliability of electric service during an extreme weather emergency

may bring a civil action for damages incurred by the person in the

enforcement or attempted enforcement against the person who

enforced or attempted to enforce the rule, ordinance, order,

policy, or measure.

(b) A person is not liable under Subsection (a) for the

enforcement or attempted enforcement of a rule, ordinance, order,

policy, or other similar measure issued as specifically authorized

or required under the laws of this state.

(c) The sovereign immunity of this state, governmental

immunity of a political subdivision, and official immunity of an

officer or employee of this state or a political subdivision is

waived to the extent of liability created by this subchapter.

SECTION 2. Section 38.254, Utilities Code, as added by this

Act, applies only to a cause of action that accrues on or after the

effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.