SRC-JRN S.B. 1711 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1711
By: Brown
Natural Resources
4-9-97
As Filed


DIGEST 

Currently, certain provisions apply to the General Land Office, the Texas
Railroad Commission, and the Texas Natural Resource Conservation
Commission in instances involving oil spills.  Because several agencies
maintain responsibility for oil spill prevention and response activities
in Texas, it is often difficult to establish what agencies have
jurisdiction for each incident.  This bill sets forth requirements to
transfer to the Texas Railroad Commission of Texas certain powers relating
to the responsibility for responding to and cleaning up certain oil
discharges in coastal areas. 

PURPOSE

As proposed, S.B. 1711 sets forth requirements to transfer certain powers
to the Texas Railroad Commission relating to the responsibility for
responding to and cleaning up certain oil discharges in coastal areas. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 40.002(c), Natural Resources Code, to provide
that the legislature intends by this chapter to exercise the police power
of the state to protect its coastal waters and adjacent shorelines by
conferring upon the Railroad Commission of Texas, rather than the
Commissioner of the General Land Office, the power to perform certain
function. 

SECTION 2. Amends Section 40.003(3), Natural Resources Code, to define
"commission," rather than "commissioner." 

SECTION 3. Amends Chapter 40A, Natural Resources Code, by adding Section
40.0025, as follows: 

Sec. 40.0025.  TRANSFER OF POWERS AND DUTIES TO RAILROAD COMMISSION OF
TEXAS.  Provides that a reference in this chapter to the commissioner of
the Railroad (commissioner), the Commissioner of the General Land Office,
or the General Land Office means the Railroad Commission of Texas
(commission). 

SECTION 4. Amends Sections 40.004-40.007, Natural Resources Code, as
follows: 

Sec. 40.004.  ADMINISTRATION OF OIL SPILL RESPONSE AND CLEANUP.  Provides
that the commission, rather than the General Land Office, under the
direction and control of the commissioner, is the state's lead agency for
response to oil cleanup.  Requires the commission, rather than the
commissioner, to administer this chapter.  Makes a conforming change. 

Sec. 40.005. ADMINISTRATION OF HAZARDOUS SUBSTANCE SPILL RESPONSE AND
CLEANUP.  Makes a conforming change. 

Sec. 40.006. INTERAGENCY COUNCIL.  Deletes the Railroad Commission of
Texas as  an agency comprising the cooperative council.  Requires a member
of the commission appointed by the commission, rather than the
commissioner, to serve as chairperson. 

Sec. 40.007. GENERAL POWERS AND DUTIES.  Makes conforming changes.

SECTION 5. Amends Sections 40.053(a),(b) and (d), Natural Resources Code,
to delete proposed text requiring the commissioner to cooperate and
consult with the commission in promulgating provisions of a state coastal
discharge contingency plan of response (plan) relating to the exercise of
authority by the commission.  Deletes a provision setting forth the
provisions of the plan in the event of an unauthorized discharge of oil.
Requires the commission to establish regional response committees with
certain persons composing the membership of each committee, rather than
staff from the General Land Office.  Makes conforming changes. 

SECTION 6. Amends Section 40.152, Natural Resources Code, as follows:

Sec. 40.152. USE OF FUND.  Deletes a provision appropriating certain
amounts from the fund to the General Land Office, subject to certain
provisions. 

SECTION 7. Repealers:  Sections 40.008 and 40.303, Natural Resources Code
(Railroad Commission Authority, Oil Spill Oversight Council). 

SECTION 8. (a) Effective date: September 1, 1997.

(b)-(e) Sets forth provisions for the transfer of certain authority and
responsibilities from the General Land Office to the Railroad Commission
of Texas. 

SECTION 9. Emergency clause.