The Texas Legislature has responded to the Denton fracking ban by passing a law that would give the state pre-emptive authority to regulate oil and gas operations while allowing local governments to regulate above-ground activity—within limits.

House Bill 40, by Rep. Drew Darby, R-San Angelo, headed to Gov. Greg Abbott on May 6 after both the House and Senate passed the bill. Abbott hadn’t yet taken action on HB 40 as of presstime.