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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Local Government Code § 248.002: RESTRICTION ON REGULATION OF ENERGY SOURCES.

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Where this section sits in the code
  1. LOCAL GOVERNMENT CODE
  2. TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES
  3. SUBTITLE C. REGULATORY AUTHORITY APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT
  4. CHAPTER 248. REGULATION OF ENERGY SOURCES AND ENGINES

(a) A political subdivision may not adopt or enforce an ordinance, order, regulation, or similar measure that limits access to or use of an energy source or that results in the effective prohibition of infrastructure that is necessary to provide access to a specific energy source, including a wholesaler, retailer, energy producer, or related infrastructure, including a retail service station.

(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 energy source, or infrastructure that is necessary to provide access to a specific energy source, that:

(1) provides siting requirements, including siting requirements involving certain geographic areas;

(2) does not effectively prohibit the operation of an energy source or infrastructure that is necessary to provide access to a specific energy source; and

(3) is not preempted by state or federal law.

Added by Acts 2023, 88th Leg., R.S., Ch. 19 (S.B. 1017), Sec. 1, eff. September 1, 2023.

Redesignated from Local Government Code, Chapter 247 by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 22.001(26), eff. September 1, 2025.

Collected 2026-08-27T01:47:27Z. Source file · JSON

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