On December 18, 2014, Texas Representative Phil King, R-Weatherford, Texas, introduced two bills which are aimed at blocking cities from banning or limiting oil and gas drilling. The bills include a measure that would require the State of Texas Attorney General’s approval before cities could allow local votes on banning hydraulic fracturing operations.
On November 4, 2014, voters in Denton, Texas, voted to enact an ordinance to amend Chapter 16, Licenses, Permits, and Business Registrations of the Code of Ordinances, to prohibit hydraulic fracturing within the city limits. The ordinance passed with 59% of the vote. Denton is the first city in Texas to ban fracking. Lawsuits have been filed to prevent the Denton fracking ban from taking effect.
House Bill 539 proposed by Representative King would require cities to pay back the State of Texas for lost revenues which might result from a decline in drilling because of city ordinances restricting oil and gas drilling operations. House Bill 540 would mandate that Texas cities submit valid petitions to the Texas Attorney General for review prior to holding an election. The Attorney General would then rule whether the proposed city initiatives or referenda violate the state or federal constitutions, violate state statutes, or amount to an unconstitutional seizure or taking of private property.
Denton, Texas’s new ban on hydraulic fracturing will not be impacted by these proposed bills.
For updates, stay tuned to this blog, or contact Toni Ellington at (504) 599-8500.
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