AG Opinion: Statutory Conflict. Liquified Petro Gas. 5 Facts to Know Now.

What’s the unclear statute/bill issue we’re talking about? HB 2663 from 2011 and Natural Resources Code Section 113.054.

Why do people think these 2 things conflict? Two things to know:

• HB 2663 bill analysis lays out an argument that the bill sought to provide statewide clarification for the rules and regulations related to Liquified Petroleum Gas. 
  • As in the big words of state law preempts local. Because the State loves when the feds preempt state law.
• This statewide framework sought to replace local control over LPG 

Is this happening? Are cities trying to regulate LPG? Yes, according to the Propane Gas Association the City of Houston and the City of Sherman have LPG ordinances.

What are Houston and Sherman saying to justify their ordinances? Houston says our ordinances predate the statute and the billapply retroactively. Sherman enacted its ordinance in May 2015 and has not repsonded to the Propane Association as to its rational.

What’s the Attorney General suppose to be sort out between this industry fight about state or local control?

•  Does state law trump all?
• Can the Houston regulation be grandafthered in by HB 2263?
• Does Sherman have to petition the RRC before it enacts an ordinance?
• Can a city adopt an ordinance if the RRC has no rule on a specific topic?

RQ 0073-KP