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Municipalities; Home Rule; Ordinances; Natural Resources; Energy; Oil and Gas; Public Utilities; Statutory and Constitutional Construction

KP-0521

Texas Attorney General Opinion

Subsection 181.903(b) of the Utilities Code prohibits the City of Austin from adopting or enforcing a code that has “the purpose, intent, or effect of directly or indirectly . . . discriminating against” a utility service based on the type or source of energy. As such, the City of Austin’s Energy Code cannot lawfully memorialize opposition to the use of natural gas utility services and is invalid to the extent that it does so.

Full opinion PDF

Sourced from Texas Attorney General.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.