HB3933 - Relating to prohibiting the adoption or enforcement of certain federal emissions regulations during a declared emergency.

  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.