1-1 By: Brown S.B. No. 815
1-2 (In the Senate - Filed March 2, 1999; March 4, 1999, read
1-3 first time and referred to Committee on Natural Resources;
1-4 March 11, 1999, reported favorably by the following vote: Yeas 4,
1-5 Nays 0; March 11, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the imposition of an administrative penalty by the
1-9 Railroad Commission of Texas for taking certain actions regarding
1-10 false applications, reports, and documents and for tampering with
1-11 gauges.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 91.143, Natural Resources Code, is
1-14 amended to read as follows:
1-15 Sec. 91.143. FALSE APPLICATIONS, REPORTS, AND DOCUMENTS AND
1-16 TAMPERING WITH GAUGES. (a) A person may not [is guilty of a
1-17 felony and on conviction shall be punished by imprisonment in the
1-18 state penitentiary for not less than two years but not more than
1-19 five years or by a fine of not more than $10,000 or by both if]:
1-20 (1) make [he makes] or subscribe [subscribes] any
1-21 application, report, or other document required or permitted to be
1-22 filed with the commission by the provisions of Title 102, Revised
1-23 Civil Statutes of Texas, 1925, as amended, including provisions of
1-24 this code formerly included in that title, knowing that the
1-25 application, report, or other document is false or untrue in a
1-26 material fact;
1-27 (2) aid [he aids] or assist [assists] in, or procure
1-28 [procures], counsel [counsels], or advise [advises] the preparation
1-29 or presentation of any of these applications, reports, or other
1-30 documents that are fraudulent, false, or incorrect in any material
1-31 matter, knowing them to be fraudulent, false, or incorrect in any
1-32 material matter;
1-33 (3) [he] knowingly simulate [simulates] or falsely or
1-34 fraudulently execute [executes] or sign [signs] such an
1-35 application, report, or other document;
1-36 (4) [he] knowingly procure [procures] these
1-37 applications, reports, or other documents to be falsely or
1-38 fraudulently executed, or advise [advises], aid [aids] in, or
1-39 connive [connives] at this execution; or
1-40 (5) [he] knowingly render [renders] inaccurate any
1-41 monitoring device required to be maintained by a commission rule,
1-42 order, or permit.
1-43 (b) A person commits an offense if the person violates this
1-44 section. An offense under this section is a felony punishable by:
1-45 (1) imprisonment in the institutional division of the
1-46 Texas Department of Criminal Justice for a term of not less than
1-47 two years or more than five years;
1-48 (2) a fine of not more than $10,000; or
1-49 (3) both the imprisonment and the fine.
1-50 (c) If other penalties prescribed in Title 102, Revised
1-51 Civil Statutes of Texas, 1925, as amended, including provisions of
1-52 this code formerly included in that title, overlap offenses that
1-53 are also punishable under this section, the penalties prescribed in
1-54 this section shall be in addition to other penalties.
1-55 (d) [(c)] No application, report, or other document required
1-56 or permitted to be filed with the commission under Title 102,
1-57 Revised Civil Statutes of Texas, 1925, as amended, including
1-58 provisions of this code formerly included in that title, may be
1-59 required to be under oath, verification, acknowledgment, or
1-60 affirmation.
1-61 (e) The commission may impose an administrative penalty in
1-62 the manner provided by Sections 81.0531-81.0534 on a person who
1-63 violates this section. The amount of the penalty may not exceed
1-64 $1,000 for each violation.
2-1 SECTION 2. (a) The change in law made by this Act applies
2-2 only to a violation of Section 91.143, Natural Resources Code,
2-3 committed on or after the effective date of this Act. For purposes
2-4 of this section, a violation of Section 91.143, Natural Resources
2-5 Code, is committed before the effective date of this Act if any
2-6 element of the violation occurs before that date.
2-7 (b) A violation of Section 91.143, Natural Resources Code,
2-8 committed before the effective date of this Act is covered by the
2-9 law in effect when the violation was committed, and the former law
2-10 is continued in effect for that purpose.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.
2-16 * * * * *