By Thompson                                     H.B. No. 1127

      75R1877 MLS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to providing that the Railroad Commission of Texas be

 1-3     governed by a single elected railroad commissioner.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article 6444, Revised Statutes, is amended to

 1-6     read as follows:

 1-7           Art. 6444.  TERMS DEFINED; REFERENCES IN LAW.  (a)  The term

 1-8     "Commission" as used in this title means the Railroad Commission of

 1-9     Texas, and the term "commissioner" ["Commissioners"] means the

1-10     railroad commissioner [members of the Railroad Commission of

1-11     Texas].

1-12           (b)  In this title, a reference to the commissioners or to

1-13     the members of the Commission is considered to be a reference to

1-14     the railroad commissioner.  In any state statute, a reference to

1-15     the railroad commissioners or to the members of the Railroad

1-16     Commission of Texas is considered to be a reference to the railroad

1-17     commissioner.

1-18           SECTION 2.  Article 6447, Revised Statutes, is amended to

1-19     read as follows:

1-20           Art. 6447.  THE COMMISSIONER [COMMISSION].  (a)

1-21     Election.--The Railroad Commission of Texas is governed by the

1-22     railroad commissioner, who shall be [composed of three members, one

1-23     of whom shall be] elected [biennially] at a [each] general election

1-24     for a term of four [six] years.

 2-1           (b)  Qualifications.--The commissioner [members] shall be a

 2-2     resident citizen [citizens] of this State, and a qualified voter

 2-3     [voters] under the Constitution and laws, and not less than

 2-4     twenty-five years of age.  The commissioner may not [No member

 2-5     shall] be directly or indirectly interested in any railroad, or in

 2-6     any stock, bond, mortgage, security, or earnings of any railroad,

 2-7     and should the commissioner [a member] voluntarily become so

 2-8     interested the commissioner's [his] office shall become vacant, or

 2-9     should  the commissioner [he] become so interested otherwise than

2-10     voluntarily, the commissioner [he] shall within a reasonable time

2-11     divest  [himself of] such interest, failing to do this, the

2-12     commissioner's [his] office shall become vacant.

2-13           (c)  Shall hold no other office, etc.--The [No] commissioner

2-14     may not [shall] hold any other office of any character, while

2-15     [such]  commissioner, nor engage in any occupation or business

2-16     inconsistent with the [his] duties as [such] commissioner.

2-17           (d)  Oath, etc.--Before entering upon the duties of [his]

2-18     office, the [each] commissioner shall take and subscribe to the

2-19     official oath and shall  in addition thereto, swear that the

2-20     commissioner [he] is not directly or indirectly interested in any

2-21     railroad, nor in the bonds, stock, mortgages, securities,

2-22     contracts, or earnings of any railroad, and [that he] will to the

2-23     best of the commissioner's [his] ability faithfully and justly

2-24     execute and enforce the provisions of this title, and all laws of

2-25     this State concerning railroads, which oath shall be filed with the

2-26     Secretary of State.

2-27           (e)  Organization.--The commissioner [commissioners shall

 3-1     elect one of their number chairman.  They may make all rules

 3-2     necessary for their government and proceedings.  They] shall be

 3-3     known [collectively] as the "railroad commissioner ["Railroad

 3-4     Commission of Texas]," and shall have a seal, a star of five points

 3-5     with the words "Railroad Commission of Texas" engraved thereon.

 3-6     The commissioner [They] shall be furnished necessary furniture,

 3-7     stationery, supplies  and all necessary expenses, to be paid for on

 3-8     the order of the Governor.

 3-9           (f)  Expenses.--The commissioner [Commissioners] shall

3-10     receive from the State [their] necessary traveling expenses while

3-11     traveling on the business of the Commission, which shall include

3-12     the cost only of transportation while traveling on business for the

3-13     Commission, upon an itemized statement thereof, sworn to by the

3-14     commissioner [party who incurred the expense, and approved by the

3-15     Commission].  Employees of the Commission are entitled to

3-16     reimbursement for expenses incurred in traveling on the business of

3-17     the Commission as provided by the General Appropriations Act.

3-18           [Sessions.--The Commission may hold its sessions at any place

3-19     in this State when deemed necessary.]

3-20           SECTION 3.  Article 6451, Revised Statutes, is amended to

3-21     read as follows:

3-22           Art. 6451.  MAY ADMINISTER OATHS, ETC.  The commissioner

3-23     [Each Commissioner], for the purposes mentioned in this chapter,

3-24     shall have power to administer oaths, certify to all official acts,

3-25     and to compel the attendance of witnesses, and the production of

3-26     papers, waybills, books, accounts, documents and testimony, and to

3-27     punish for contempt as fully as is provided by law for the district

 4-1     court.

 4-2           SECTION 4.  Article 6463, Revised Statutes, is amended to

 4-3     read as follows:

 4-4           Art. 6463.  TESTIMONY TAKEN.  The commissioner

 4-5     [Commissioners] may require the testimony taken before the

 4-6     commissioner [them] to be reduced to writing when the commissioner

 4-7     considers [they deem] necessary, or when requested to do so by

 4-8     either party to such proceedings;  and a certified copy, under the

 4-9     hand and seal of said Commission, shall be admissible in evidence

4-10     upon the trial of any cause or proceeding growing out of the same

4-11     transaction against such railroad, involving the same subject

4-12     matter and between the same parties.  No provisions of this and the

4-13     three preceding articles shall abridge nor affect the rights of any

4-14     person to sue for any penalty that may be due the person [him]

4-15     under the provisions of this title, or any other law of the State.

4-16           SECTION 5.  Article 6464, Revised Statutes, is amended to

4-17     read as follows:

4-18           Art. 6464.  MAY INSPECT BOOKS, ETC.  The commissioner

4-19     [Commissioners or either of them], or such persons as the

4-20     commissioner [they] may authorize in writing under the hand and

4-21     seal of the Commission, shall have the right at any time to inspect

4-22     the books and papers of any railroad company and to examine under

4-23     oath any officer, agent or employe of such railroad in relation to

4-24     the business and affairs of the same.

4-25           SECTION 6.  Section 81.001(2), Natural Resources Code, is

4-26     amended to read as follows:

4-27                 (2)  "Commissioner" means [any member of] the railroad

 5-1     commissioner [Railroad Commission of Texas].

 5-2           SECTION 7.  Section 26.403(c), Water Code, is amended to read

 5-3     as follows:

 5-4           (c)  The committee is composed of:

 5-5                 (1)  the executive director of the commission;

 5-6                 (2)  the executive administrator of the Texas Water

 5-7     Development Board;

 5-8                 (3)  the commissioner [executive director] of the

 5-9     Railroad Commission of Texas;

5-10                 (4)  the commissioner of health of the Texas Department

5-11     of Health;

5-12                 (5)  the deputy commissioner of the Department of

5-13     Agriculture;

5-14                 (6)  the executive director of the State Soil and Water

5-15     Conservation Board;

5-16                 (7)  the Director of the Texas Agricultural Experiment

5-17     Station;

5-18                 (8)  the director of the Bureau of Economic Geology of

5-19     The University of Texas at Austin;  and

5-20                 (9)  a representative selected by the Texas Alliance of

5-21     Groundwater Districts.

5-22           SECTION 8.  This Act takes effect January 1, 1999, but only

5-23     if the constitutional amendment proposed by the 75th Legislature,

5-24     Regular Session, 1997, providing that the Railroad Commission of

5-25     Texas will be governed by a single elected railroad commissioner

5-26     instead of by an elected three-member commission, is approved by

5-27     the voters.  If that amendment is not approved by the voters, this

 6-1     Act has no effect.

 6-2           SECTION 9.  The importance of this legislation and the

 6-3     crowded condition of the calendars in both houses create an

 6-4     emergency and an imperative public necessity that the

 6-5     constitutional rule requiring bills to be read on three several

 6-6     days in each house be suspended, and this rule is hereby suspended.