AN ACT
1-1 relating to the imposition of an administrative penalty by the
1-2 Railroad Commission of Texas for taking certain actions regarding
1-3 false applications, reports, and documents and for tampering with
1-4 gauges.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 91.143, Natural Resources Code, is
1-7 amended to read as follows:
1-8 Sec. 91.143. FALSE APPLICATIONS, REPORTS, AND DOCUMENTS AND
1-9 TAMPERING WITH GAUGES. (a) A person may not [is guilty of a
1-10 felony and on conviction shall be punished by imprisonment in the
1-11 state penitentiary for not less than two years but not more than
1-12 five years or by a fine of not more than $10,000 or by both if]:
1-13 (1) make [he makes] or subscribe [subscribes] any
1-14 application, report, or other document required or permitted to be
1-15 filed with the commission by the provisions of Title 102, Revised
1-16 Civil Statutes of Texas, 1925, as amended, including provisions of
1-17 this code formerly included in that title, knowing that the
1-18 application, report, or other document is false or untrue in a
1-19 material fact;
1-20 (2) aid [he aids] or assist [assists] in, or procure
1-21 [procures], counsel [counsels], or advise [advises] the preparation
1-22 or presentation of any of these applications, reports, or other
1-23 documents that are fraudulent, false, or incorrect in any material
1-24 matter, knowing them to be fraudulent, false, or incorrect in any
2-1 material matter;
2-2 (3) [he] knowingly simulate [simulates] or falsely or
2-3 fraudulently execute [executes] or sign [signs] such an
2-4 application, report, or other document;
2-5 (4) [he] knowingly procure [procures] these
2-6 applications, reports, or other documents to be falsely or
2-7 fraudulently executed, or advise [advises], aid [aids] in, or
2-8 connive [connives] at this execution; or
2-9 (5) [he] knowingly render [renders] inaccurate any
2-10 monitoring device required to be maintained by a commission rule,
2-11 order, or permit.
2-12 (b) A person commits an offense if the person violates this
2-13 section. An offense under this section is a felony punishable by:
2-14 (1) imprisonment in the institutional division of the
2-15 Texas Department of Criminal Justice for a term of not less than
2-16 two years or more than five years;
2-17 (2) a fine of not more than $10,000; or
2-18 (3) both the imprisonment and the fine.
2-19 (c) If other penalties prescribed in Title 102, Revised
2-20 Civil Statutes of Texas, 1925, as amended, including provisions of
2-21 this code formerly included in that title, overlap offenses that
2-22 are also punishable under this section, the penalties prescribed in
2-23 this section shall be in addition to other penalties.
2-24 (d) [(c)] No application, report, or other document required
2-25 or permitted to be filed with the commission under Title 102,
2-26 Revised Civil Statutes of Texas, 1925, as amended, including
3-1 provisions of this code formerly included in that title, may be
3-2 required to be under oath, verification, acknowledgment, or
3-3 affirmation.
3-4 (e) The commission may impose an administrative penalty in
3-5 the manner provided by Sections 81.0531-81.0534 on a person who
3-6 violates this section. The amount of the penalty may not exceed
3-7 $1,000 for each violation.
3-8 SECTION 2. (a) The change in law made by this Act applies
3-9 only to a violation of Section 91.143, Natural Resources Code,
3-10 committed on or after the effective date of this Act. For purposes
3-11 of this section, a violation of Section 91.143, Natural Resources
3-12 Code, is committed before the effective date of this Act if any
3-13 element of the violation occurs before that date.
3-14 (b) A violation of Section 91.143, Natural Resources Code,
3-15 committed before the effective date of this Act is covered by the
3-16 law in effect when the violation was committed, and the former law
3-17 is continued in effect for that purpose.
3-18 SECTION 3. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 815 passed the Senate on
March 18, 1999, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 815 passed the House on
April 16, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor