By Garcia H.B. No. 2460 75R5127 MLS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to transferring all powers and duties of the Railroad 1-3 Commission of Texas to the comptroller of public accounts. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 112, Revised Statutes, is amended by adding 1-6 Article 6444a to read as follows: 1-7 Art. 6444a. TRANSFER OF RAILROAD COMMISSION'S POWERS AND 1-8 DUTIES. (a) The powers and duties of the Railroad Commission of 1-9 Texas under this chapter or other law are transferred to the 1-10 comptroller. 1-11 (b) A reference in law to the Railroad Commission of Texas 1-12 is considered to be a reference to the comptroller. 1-13 (c) If the Railroad Commission of Texas and the comptroller 1-14 or their respective designees are both ex officio members of a 1-15 governmental body under law, the transfer of powers and duties 1-16 under this article does not give the comptroller more than one vote 1-17 or position on the governmental body. If the Railroad Commission 1-18 of Texas and the comptroller both have the power to appoint members 1-19 to an advisory committee under law, the transfer of powers and 1-20 duties under this article does not allow the comptroller to 1-21 exercise the power of appointment given to the Railroad Commission 1-22 of Texas in addition to the power of appointment given to the 1-23 comptroller under law. If the Railroad Commission of Texas and the 1-24 comptroller both have the power under law to appoint members to a 2-1 governmental body other than an advisory committee, the comptroller 2-2 may exercise the power of appointment given to the Railroad 2-3 Commission of Texas in addition to the power of appointment given 2-4 to the comptroller. 2-5 (d) The comptroller may contract with a private entity to 2-6 perform an activity transferred under this article if the activity 2-7 is not solely a sovereign function of the state. 2-8 SECTION 2. (a) The Railroad Commission of Texas is 2-9 abolished on September 1, 1998. On that date, all powers, duties, 2-10 obligations, rights, contracts, records, employees, property, and 2-11 unspent and unobligated appropriations and other funds of the 2-12 Railroad Commission of Texas are transferred to the comptroller. 2-13 (b) The abolishment of the Railroad Commission of Texas does 2-14 not affect the validity of a right, privilege, or obligation 2-15 accrued, a contract or acquisition made, any liability incurred, a 2-16 permit or license issued, a penalty, forfeiture, or punishment 2-17 assessed, a rule adopted, a proceeding, investigation, or remedy 2-18 begun, a decision made, or other action taken by or in connection 2-19 with the Railroad Commission of Texas. 2-20 (c) All rules, policies, procedures, and decisions of the 2-21 Railroad Commission of Texas are continued in effect as rules, 2-22 policies, procedures, and decisions of the comptroller until 2-23 superseded by a rule or other appropriate action of the 2-24 comptroller. 2-25 (d) Any action or proceeding before the Railroad Commission 2-26 of Texas is transferred without change in status to the 2-27 comptroller, and the comptroller assumes, without a change in 3-1 status, the position of the Railroad Commission of Texas in any 3-2 action or proceeding to which the Railroad Commission of Texas is a 3-3 party. 3-4 SECTION 3. This Act takes effect September 1, 1998. 3-5 SECTION 4. The importance of this legislation and the 3-6 crowded condition of the calendars in both houses create an 3-7 emergency and an imperative public necessity that the 3-8 constitutional rule requiring bills to be read on three several 3-9 days in each house be suspended, and this rule is hereby suspended.