SRC-ARR S.B. 815 76(R)BILL ANALYSIS


Senate Research CenterS.B. 815
By: Brown
Natural Resources
6/29/1999
Enrolled


DIGEST 

Currently, Texas law provides for criminal penalties for falsification of
reports submitted to the Railroad Commission (RRC); however, the RRC is not
explicitly empowered to impose administrative penalties for such
violations. Failure to file certain information with the RRC is a violation
of its rules, yet, filing false forms is not as obvious a violation. While
the filing of false reports is a criminal offense, local enforcement
officials, already overburdened with large criminal caseloads, do not
prosecute these offenses.  S.B. 815 gives the RRC the authority to impose
administrative penalties of up to $1,000 per violation for falsification of
reports or forms required to be filed. 

PURPOSE

As enrolled, S.B. 815 authorizes the imposition of an administrative
penalty by the Railroad Commission of Texas for taking certain actions
regarding false applications, reports, and documents and for tampering with
gauges. 

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 91.143, Natural Resources Code, to prohibit a
person from making or subscribing any application, report, or other
document required or permitted to be filed with the Railroad Commission
(RRC). Provides that a person commits an offense if the person violates
this section. Provides that an offense under this section is a felony
punishable by imprisonment, fine or both. Authorizes the RRC  to impose an
administrative penalty in the manner provided by Sections 81.0531-81.0534
on a person who violates this section. Prohibits the amount of the penalty
from exceeding $1,000 for each violation. 

SECTION 2. Makes application of this Act prospective.

SECTION: Emergency clause.
        Effective date: 90 days after adjournment.