2015 Texas Legislative Session Includes Twin Bills Concerning Municipal Fracking Bans

With the opening of the 84^th Session of the Texas Legislature on January 13, 2015, two of the more closely watched bills in the energy arena will be House Bill 539 (HB539) and House Bill 540 (HB540).

HB539, filed on December 17, 2014, by Representative Phil King (R) of Weatherford, relates to "the procedural requirements for the adoption of a municipal regulation, limitation, or prohibition on the production, storage, or transportation of oil or natural gas." The bill proposes to require any municipality seeking to enact an "oil and gas measure," which the bill defines as "a municipal ordinance or other municipal measure ... to regulate, limit, or prohibit the production, storage, or transportation of oil or gas," to prepare a Fiscal Note and an Equalized Education Funding Impact Statement.