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.