HB 40 passes in House, threatens Denton fracking ban

Skipper · April 18, 2015

Paul Wedding / Senior Staff Writer

The Texas House of Representatives passed a bill today giving government control over gas and oil well ordinances in Texas, potentially making Denton’s ban on hydraulic fracturing null and void.

The bill was passed with ease as only 18 representatives out of 140 opposed it and now goes to the Senate to be voted upon. Filed in response to Denton’s recent ban on fracking, the bill prohibits bans on subsurface drilling and nullifies various existing city ordinances regulating oil and gas operations in Texas.

“It was pretty well expected that it would pass,” Denton city councilman John Ryan said. “It’s yet to be seen to what it will do to our ordinance.”

Ryan said city council recently extended the moratorium on fracking in response to the bill. He said the bill's effect on Denton’s fracking ban still needs to be figured out, and he feels this bill leaves a lot to interpretation.

“There are a lot of other bills that directly say no fracking [bans]. This one doesn’t say no fracking, it says we can’t do anything about what happens underground,” Ryan said. “While the fracking action takes place underground, the machinery is on top of the ground. It may still end up as something the court has to decide.”

Adam Briggle fought for fracking regulation for years and has fought to ban fracking since January 2014 when he founded Frack Free Denton. He said he was disappointed to see the bill pass, but that the fight isn't over.

“They’ve got to reconcile this [HB 40] with the senate version,” Briggle said. “There’s a long shot. It could get held up in the process and we could run the clock out on it.”

Briggle also said there is a lot of ambiguity and speculation on what the bill actually means for the fracking ban.

Alfredo Sanchez, one of the protestors in Denton, said he was upset by the news.

“We wanted to have a say on our planning and what kind of environment we want within our cities,” Sanchez said. “Now, we’ll have no say in where we put our wells.”

History junior Olivia Jameson said she thinks the bill is outrageous and the House of Representatives doesn’t know what is best for Denton.

“They don’t live here or have to deal with what happens here, but we do,” Jameson said.

View the full article

oldguystudent · April 18, 2015

So my question here isn't related to fracking, so much as it is in the eleven years I've lived in Texas one of the defining aspects of the state is that local municipalities are more or less free to govern themselves with very little (compared to other states) state level interaction.

This bill seems to really slap that idea in the face.

MeanGreen13 · April 18, 2015

I wonder how many of those state senators have conflicts of interest in this matter...

Mean Green 93-98 · April 18, 2015

When they say "giving government control over gas and oil well ordinances in Texas," what do they mean? Giving state government control? Because it seems this has revoked local government control.

meangreendork · April 18, 2015

So my question here isn't related to fracking, so much as it is in the eleven years I've lived in Texas one of the defining aspects of the state is that local municipalities are more or less free to govern themselves with very little (compared to other states) state level interaction.

This bill seems to really slap that idea in the face.

It's a huge slap in the face of that governing philosophy. It's also of great interest that this philosophy is only questioned when large energy companies and their associated politicians are involved. It also sounds like one of those "nuh-uh" tactics kids use in their games.

UNT90 · April 18, 2015

As dumb as I think it was for Denton to ban drilling, it isn't the state's business what a municipality does, unless, of course, it attempts to supercede state law.

But the state, in this instance, has decided to create a law to prohibit municipal law where no state law existed before. This is common practice at the federal level, but the first time I can remember THIS state taking such an action. I'm sure it had noting to do with the amount of money donated by the Oil and Gas lobby.

This would be akin to the legislature striking down the City of Arlington ban on texting while driving because there was no state law against it.

Again, I think Denton voters made a boneheaded choice that will cost the city millions in revenue, but it's their choice to make.

ChristopherRyanWilkes · April 18, 2015

As dumb as I think it was for Denton to ban drilling, it isn't the state's business what a municipality does, unless, of course, it attempts to supercede state law.
But the state, in this instance, has decided to create a law to prohibit municipal law where no state law existed before. This is common practice at the federal level, but the first time I can remember THIS state taking such an action. I'm sure it had noting to do with the amount of money donated by the Oil and Gas lobby.
This would be akin to the legislature striking down the City of Arlington ban on texting while driving because there was no state law against it.
Again, I think Denton voters made a boneheaded choice that will cost the city millions in revenue, but it's their choice to make.

Thank you for at least remaining consistent. What has sometimes baffled me with some Texas politicians is that they are, of course, anti-big government when it is on a federal level but then they will bust out with something like this, which is the same big government they complain about just on a state-level. It's the same concept if you ask me. You have a federal government with states that have different laws on certain issues and a state government with cities who adopt different ordinances.

UNT90 · April 18, 2015

Thank you for at least remaining consistent. What has sometimes baffled me with some Texas politicians is that they are, of course, anti-big government when it is on a federal level but then they will bust out with something like this, which is the same big government they complain about just on a state-level. It's the same concept if you ask me. You have a federal government with states that have different laws on certain issues and a state government with cities who adopt different ordinances.

That's the way it should be, but when greedy little politicians have their oil and gas donations threatened, this is the result. All government is better the more local the application.

The interesting aspect would be a lawsuit by an individual land owner with mineral rights to said land against the City of Denton for telling him what he can and can't do with minerals that he fairly owns. You could make the same arguement that the city makes for the land owner, while the city assumes the role of the state government, trying to tell the land owner what he can and can't do with minerals on his land and creating a new law to do it.

It should and will be handled in the courts and will make a bunch of lawyers rich. I see the city losing this suit, but until that happens, the municipal law should be obeyed. After all, the gas ain't going nowhere (and prices aren't good right now, anyway).