HB 3933

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
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
(2)  the governing body of a municipality, county, or
(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
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,
(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
SECTION 3.  This Act takes effect September 1, 2025.