By Brown S.B. No. 815
76R6336 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the imposition of an administrative penalty by the
1-3 Railroad Commission of Texas for taking certain actions regarding
1-4 false applications, reports, and documents and for tampering with
1-5 gauges.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 91.143, Natural Resources Code, is
1-8 amended to read as follows:
1-9 Sec. 91.143. FALSE APPLICATIONS, REPORTS, AND DOCUMENTS AND
1-10 TAMPERING WITH GAUGES. (a) A person may not [is guilty of a
1-11 felony and on conviction shall be punished by imprisonment in the
1-12 state penitentiary for not less than two years but not more than
1-13 five years or by a fine of not more than $10,000 or by both if]:
1-14 (1) make [he makes] or subscribe [subscribes] any
1-15 application, report, or other document required or permitted to be
1-16 filed with the commission by the provisions of Title 102, Revised
1-17 Civil Statutes of Texas, 1925, as amended, including provisions of
1-18 this code formerly included in that title, knowing that the
1-19 application, report, or other document is false or untrue in a
1-20 material fact;
1-21 (2) aid [he aids] or assist [assists] in, or procure
1-22 [procures], counsel [counsels], or advise [advises] the preparation
1-23 or presentation of any of these applications, reports, or other
1-24 documents that are fraudulent, false, or incorrect in any material
2-1 matter, knowing them to be fraudulent, false, or incorrect in any
2-2 material matter;
2-3 (3) [he] knowingly simulate [simulates] or falsely or
2-4 fraudulently execute [executes] or sign [signs] such an
2-5 application, report, or other document;
2-6 (4) [he] knowingly procure [procures] these
2-7 applications, reports, or other documents to be falsely or
2-8 fraudulently executed, or advise [advises], aid [aids] in, or
2-9 connive [connives] at this execution; or
2-10 (5) [he] knowingly render [renders] inaccurate any
2-11 monitoring device required to be maintained by a commission rule,
2-12 order, or permit.
2-13 (b) A person commits an offense if the person violates this
2-14 section. An offense under this section is a felony punishable by:
2-15 (1) imprisonment in the institutional division of the
2-16 Texas Department of Criminal Justice for a term of not less than
2-17 two years or more than five years;
2-18 (2) a fine of not more than $10,000; or
2-19 (3) both the imprisonment and the fine.
2-20 (c) If other penalties prescribed in Title 102, Revised
2-21 Civil Statutes of Texas, 1925, as amended, including provisions of
2-22 this code formerly included in that title, overlap offenses that
2-23 are also punishable under this section, the penalties prescribed in
2-24 this section shall be in addition to other penalties.
2-25 (d) [(c)] No application, report, or other document required
2-26 or permitted to be filed with the commission under Title 102,
2-27 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.