By:  Brown                                             S.B. No. 815
                                A BILL TO BE ENTITLED
                                       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.