By Chisum H.B. No. 3018
77R1055 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Railroad
1-3 Commission of Texas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Articles 6445a, 6447b, 6447c, and 6447h, Revised
1-6 Statutes, are amended to read as follows:
1-7 Art. 6445a. SUNSET PROVISION. The Railroad Commission of
1-8 Texas is subject to Chapter 325, Government Code (Texas Sunset
1-9 Act). Unless continued in existence as provided by that chapter,
1-10 the commission is abolished September 1, 2013 [2001].
1-11 Art. 6447b. EQUAL EMPLOYMENT OPPORTUNITY [EMPLOYEE
1-12 PERFORMANCE]. (a) The commission [or its designee shall develop an
1-13 intra-agency career ladder program, one part of which shall be the
1-14 intra-agency posting of all nonentry level positions for at least
1-15 10 days before any public posting.]
1-16 [(b) The commission or its designee shall develop a system
1-17 of annual performance evaluations based on measurable job tasks.
1-18 All merit pay for commission employees must be based on the system
1-19 established under this subsection.]
1-20 [(c) The commission] shall prepare and maintain a written
1-21 policy statement that implements [plan to assure implementation of]
1-22 a program of equal employment opportunity to ensure that [whereby]
1-23 all personnel decisions [transactions] are made without regard to
1-24 race, color, disability, sex, religion, age, or national origin.
2-1 (b) The policy statement must [plan shall] include:
2-2 (1) personnel policies, including policies relating to
2-3 [plans for] recruitment, evaluation, selection, [appointment,]
2-4 training, and promotion of personnel, that show the intent of the
2-5 commission to avoid the unlawful employment practices described by
2-6 Chapter 21, Labor Code; and
2-7 (2) an analysis of the extent to which the composition
2-8 of the commission's personnel is in accordance with state and
2-9 federal law and a description of reasonable methods to achieve
2-10 compliance with state and federal law.
2-11 (c) The policy statement must:
2-12 (1) be updated annually;
2-13 (2) be reviewed by the state Commission on Human
2-14 Rights for compliance with Subsection (b) of this article; and
2-15 (3) be filed with the governor's office[, and other
2-16 personnel practices. The plan shall also include steps reasonably
2-17 designed to overcome any identified under-utilization of minorities
2-18 and women in the commission's work force and shall include
2-19 objectives and goals, timetables for achieving those objectives and
2-20 goals, and assignments of responsibility for their completion. The
2-21 plan shall be filed with the governor's office within 60 days after
2-22 the effective date of this section, cover an annual period, and be
2-23 updated at least annually. Progress reports shall be submitted to
2-24 the governor's office within 30 days of November 1 and April 1 of
2-25 each year and shall include the steps the commission has taken
2-26 within the reporting period to comply with this requirement of this
2-27 section].
3-1 Art. 6447c. CONFLICT OF INTEREST. (a) In this section,
3-2 "Texas trade association" means a cooperative and voluntarily
3-3 joined association of business or professional competitors in this
3-4 state designed to assist its members and its industry or profession
3-5 in dealing with mutual business or professional problems and in
3-6 promoting their common interest.
3-7 (b) A person may not be an employee of the commission
3-8 employed in a "bona fide executive, administrative, or professional
3-9 capacity," as that phrase is used for purposes of establishing an
3-10 exemption to the overtime provisions of the federal Fair Labor
3-11 Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and its
3-12 subsequent amendments, if:
3-13 (1) the person is an officer, employee, or paid
3-14 consultant of a Texas trade association in a business or industry
3-15 regulated by the commission; or
3-16 (2) the person's spouse is an officer, manager, or
3-17 paid consultant of a Texas [An employee of the commission may not
3-18 be an officer, employee, or paid consultant of a] trade association
3-19 in a business or industry regulated by the commission.
3-20 (c) [(b)] A person who is required to register as a lobbyist
3-21 under Chapter 305, Government Code, may not act as the general
3-22 counsel to the commission.
3-23 (d) [(c)] The commission[, as often as necessary,] shall
3-24 provide to members of the commission and to agency employees, as
3-25 often as necessary, information regarding the requirements for
3-26 office or employment under this chapter, including information
3-27 regarding a person's [employees'] responsibilities under applicable
4-1 laws relating to standards of conduct for state officers or
4-2 employees.
4-3 Art. 6447h. COMPLAINTS. (a) The commission shall maintain a
4-4 [keep an information] file on [about] each written complaint filed
4-5 with the commission. The file must include:
4-6 (1) the name of the person who filed the complaint;
4-7 (2) the date the complaint is received by the
4-8 commission;
4-9 (3) the subject matter of the complaint;
4-10 (4) the name of each person contacted in relation to
4-11 the complaint;
4-12 (5) a summary of the results of the review or
4-13 investigation of the complaint; and
4-14 (6) an explanation of the reason the file was closed,
4-15 if the agency closed the file without taking action other than to
4-16 investigate the complaint.
4-17 (b) The commission shall provide to the person filing the
4-18 complaint and to each person who is a subject of the complaint a
4-19 copy of the commission's policies and procedures relating to
4-20 complaint investigation and resolution.
4-21 (c) The [relating to a person who has a license, permit, or
4-22 certificate of public convenience and necessity from the
4-23 commission.]
4-24 [(b) If a written complaint is filed with the commission
4-25 relating to a person who has a license, permit, or certificate of
4-26 public convenience and necessity from the] commission, at least [as
4-27 frequently as] quarterly [and] until final disposition of the
5-1 complaint, [the commission] shall notify the person filing [parties
5-2 to] the complaint and each person who is a subject of the complaint
5-3 of the status of the investigation [complaint] unless the notice
5-4 would jeopardize an undercover investigation. [This section does
5-5 not apply to complaints under Chapter 91, Natural Resources Code.]
5-6 SECTION 2. Title 112, Revised Statutes, is amended by adding
5-7 Articles 6447k, 6447l, and 6447m to read as follows:
5-8 Art. 6447k. SEPARATION OF POLICYMAKING AND MANAGEMENT
5-9 RESPONSIBILITIES. The commission shall develop and implement
5-10 policies that clearly separate the policymaking responsibilities of
5-11 the members of the commission and the management responsibilities
5-12 of the staff of the commission.
5-13 Art. 6447l. PUBLIC PARTICIPATION. The commission shall
5-14 develop and implement policies that provide the public with a
5-15 reasonable opportunity to appear before the commission and to speak
5-16 on any issue under the jurisdiction of the commission.
5-17 Art. 6447m. EMPLOYEE INCENTIVE PROGRAM. The commission shall
5-18 provide to agency employees information and training on the
5-19 benefits and methods of participation in the State Employee
5-20 Incentive Program.
5-21 SECTION 3. Section 81.0531, Natural Resources Code, is
5-22 amended by amending Subsections (c) and (d) and adding Subsection
5-23 (e) to read as follows:
5-24 (c) In determining the amount of the penalty, the commission
5-25 shall consider the permittee's history of previous violations, the
5-26 seriousness of the violation, any hazard to the health or safety of
5-27 the public, and the demonstrated good faith of the person charged.
6-1 In determining the amount of the penalty for a violation of a
6-2 provision of this title or a rule, order, license, permit, or
6-3 certificate that relates to pipeline safety, the commission shall
6-4 consider the guidelines adopted under Subsection (d).
6-5 (d) The commission by rule shall adopt guidelines to be used
6-6 in determining the amount of the penalty for a violation of a
6-7 provision of this title or a rule, order, license, permit, or
6-8 certificate that relates to pipeline safety. The guidelines shall
6-9 include a penalty calculation worksheet that specifies the typical
6-10 penalty for certain violations, circumstances justifying
6-11 enhancement of a penalty and the amount of the enhancement, and
6-12 circumstances justifying a reduction in a penalty and the amount of
6-13 the reduction. The guidelines shall take into account:
6-14 (1) the permittee's history of previous violations,
6-15 including the number of previous violations;
6-16 (2) the seriousness of the violation and of any
6-17 pollution resulting from the violation;
6-18 (3) any hazard to the health or safety of the public;
6-19 (4) the degree of culpability;
6-20 (5) the demonstrated good faith of the person charged;
6-21 and
6-22 (6) any other factor the commission considers
6-23 relevant.
6-24 (e) A penalty collected under this section shall be
6-25 deposited to the credit of the oil-field cleanup fund.
6-26 SECTION 4. Section 81.116(a), Natural Resources Code, is
6-27 amended to read as follows:
7-1 (a) An oil-field cleanup regulatory fee is imposed on crude
7-2 petroleum produced in this state in an [the] amount set by
7-3 commission rule not to exceed [of five-sixteenths of] one cent on
7-4 each barrel of 42 standard gallons.
7-5 SECTION 5. Section 81.117(a), Natural Resources Code, is
7-6 amended to read as follows:
7-7 (a) An oil-field cleanup regulatory fee is imposed on gas
7-8 initially produced and saved in this state in an [the] amount set
7-9 by commission rule not to exceed one-tenth of [one-thirtieth of]
7-10 one cent for each thousand cubic feet.
7-11 SECTION 6. Section 85.2021, Natural Resources Code, is
7-12 amended by amending Subsections (c) and (d) and adding Subsection
7-13 (e) to read as follows:
7-14 (c) With each application for an extension of time to plug a
7-15 well pursuant to commission rules, an applicant shall submit to the
7-16 commission a nonrefundable fee of $300 [$100], unless the applicant
7-17 has filed a bond under Section 91.1041 or Section 91.1042 of this
7-18 code. This subsection expires September 1, 2004.
7-19 (d) Notwithstanding Subsections (a) and (b), the commission
7-20 by rule shall set fees under those subsections in amounts that are
7-21 projected to generate in the aggregate annual revenue of $1.5
7-22 million more than the aggregate annual revenue projected to be
7-23 generated by the fee amounts provided by those subsections.
7-24 (e) All fees collected under this section shall be deposited
7-25 in the state oil-field cleanup fund.
7-26 SECTION 7. Effective September 1, 2004, Section 91.103,
7-27 Natural Resources Code, is amended to read as follows:
8-1 Sec. 91.103. PERSONS REQUIRED TO EXECUTE BOND [OR ALTERNATE
8-2 FORM OF FINANCIAL SECURITY]. Any person, including any firm,
8-3 partnership, joint stock association, corporation, or other
8-4 organization, required to file an organization report under Section
8-5 91.142 of this code shall execute and file with the commission a
8-6 bond [or alternate form of financial security].
8-7 SECTION 8. Sections 91.104(b) and (c), Natural Resources
8-8 Code, are amended to read as follows:
8-9 (b) A person required to file a bond under Section 91.103
8-10 may choose to file:
8-11 (1) an individual bond as provided under Section
8-12 91.1041;
8-13 (2) a blanket bond as provided under Section 91.1042;
8-14 or
8-15 (3) [a nonrefundable annual fee of $100, if the person
8-16 can demonstrate to the commission an acceptable record of
8-17 compliance with all commission rules, orders, licenses, permits, or
8-18 certificates that relate to safety or the prevention or control of
8-19 pollution for the previous 48 months and the person and, if a firm,
8-20 partnership, joint stock association, corporation, or other
8-21 organization, its officers, directors, general partners, or owners
8-22 of more than 25 percent ownership interest or any trustee:]
8-23 [(A) has no outstanding violations of such
8-24 commission rules, orders, licenses, permits, or certificates;]
8-25 [(B) has paid all administrative, civil, and
8-26 criminal penalties, if any, relating to any violation of such
8-27 commission rules, orders, licenses, permits, or certificates; and]
9-1 [(C) has paid all reimbursements of any costs
9-2 and expenses incurred by the commission in relation to any
9-3 violation of such commission rules, orders, licenses, permits, or
9-4 certificates;]
9-5 [(4)] a nonrefundable annual fee equal to three
9-6 percent of the bond that otherwise would be required[; or]
9-7 [(5) to give a first lien on tangible personal
9-8 property associated with oil and gas production whose salvage value
9-9 equals the value of an individual bond under Section 91.1041 or the
9-10 value of a blanket bond under Section 91.1042 that otherwise would
9-11 be required].
9-12 (c) A person who chooses to file a form of financial
9-13 security other than a bond shall also submit a fee [of $100] for
9-14 each application to extend the time to plug a well in accordance
9-15 with Section 85.2021 of this code.
9-16 SECTION 9. Effective September 1, 2004, Section 91.104,
9-17 Natural Resources Code, is amended to read as follows:
9-18 Sec. 91.104. BONDS [AND ALTERNATE FORMS OF FINANCIAL
9-19 SECURITY]. (a) The commission shall require a bond [or an
9-20 alternate form of financial security] to be filed with the
9-21 commission as provided by Subsection (b) of this section.
9-22 (b) A person required to file a bond under Section 91.103
9-23 may choose to file:
9-24 (1) an individual bond as provided under Section
9-25 91.1041; or
9-26 (2) a blanket bond as provided under Section 91.1042[;]
9-27 [(3) a nonrefundable annual fee of $100, if the person
10-1 can demonstrate to the commission an acceptable record of
10-2 compliance with all commission rules, orders, licenses, permits, or
10-3 certificates that relate to safety or the prevention or control of
10-4 pollution for the previous 48 months and the person and, if a firm,
10-5 partnership, joint stock association, corporation, or other
10-6 organization, its officers, directors, general partners, or owners
10-7 of more than 25 percent ownership interest or any trustee:]
10-8 [(A) has no outstanding violations of such
10-9 commission rules, orders, licenses, permits, or certificates;]
10-10 [(B) has paid all administrative, civil, and
10-11 criminal penalties, if any, relating to any violation of such
10-12 commission rules, orders, licenses, permits, or certificates; and]
10-13 [(C) has paid all reimbursements of any costs
10-14 and expenses incurred by the commission in relation to any
10-15 violation of such commission rules, orders, licenses, permits, or
10-16 certificates;]
10-17 [(4) a nonrefundable annual fee equal to three percent
10-18 of the bond that otherwise would be required; or]
10-19 [(5) to give a first lien on tangible personal
10-20 property associated with oil and gas production whose salvage value
10-21 equals the value of an individual bond under Section 91.1041 or the
10-22 value of a blanket bond under Section 91.1042 that otherwise would
10-23 be required].
10-24 [(c) A person who chooses to file a form of financial
10-25 security other than a bond shall also submit a fee of $100 for each
10-26 application to extend the time to plug a well in accordance with
10-27 Section 85.2021 of this code.]
11-1 SECTION 10. Sections 91.1041 and 91.1042, Natural Resources
11-2 Code, are amended to read as follows:
11-3 Sec. 91.1041. INDIVIDUAL BOND. (a) A person required to
11-4 file a bond under Section 91.103 who operates one or more wells may
11-5 file a bond in an amount equal to $2 for each foot of well depth
11-6 for each well.
11-7 (b) Notwithstanding Subsection (a), the commission by rule
11-8 shall set the amount of the bond for an operator of one or more bay
11-9 or offshore wells at a reasonable amount that exceeds the amount
11-10 provided by Subsection (a).
11-11 Sec. 91.1042. BLANKET BOND. (a) A person required to file a
11-12 bond under Section 91.103 may file a blanket bond to cover all
11-13 wells and operations for which a bond is required as follows:
11-14 (1) a person who operates 10 or fewer wells or
11-15 performs other operations shall file a $25,000 blanket bond;
11-16 (2) a person who operates more than 10 but fewer than
11-17 100 wells shall file a $50,000 blanket bond; and
11-18 (3) a person who operates 100 or more wells shall file
11-19 a $250,000 blanket bond.
11-20 (b) Notwithstanding Subsection (a), the commission by rule
11-21 shall set the amount of the bond for an operator of bay or offshore
11-22 wells at a reasonable amount that exceeds the amount provided by
11-23 Subsection (a)(1), (2), or (3), as applicable.
11-24 SECTION 11. Effective September 1, 2004, Section 91.107,
11-25 Natural Resources Code, is amended to read as follows:
11-26 Sec. 91.107. NEW BOND [OR ALTERNATE FORM OF FINANCIAL
11-27 SECURITY]. If a well covered by a bond [or alternate form of
12-1 financial security] is transferred, sold, or assigned by its
12-2 operator, the commission shall require the party acquiring the well
12-3 to file a new bond [or alternate form of financial security] as
12-4 provided by this subchapter, and the bond [or alternate form of
12-5 financial security] of the prior operator shall continue to be
12-6 required and to remain in effect until the new bond [or alternate
12-7 form of financial security] is provided or the commission
12-8 determines that the bond [financial security] previously submitted
12-9 to the commission by the person acquiring the well complies with
12-10 this subchapter.
12-11 SECTION 12. Section 91.111, Natural Resources Code, is
12-12 amended by amending Subsections (b) and (c) and adding Subsection
12-13 (e) to read as follows:
12-14 (b) The commission shall certify to the comptroller the date
12-15 on which the balance in the fund equals or exceeds $20 [$10]
12-16 million. The oil-field cleanup regulatory fees on oil and gas
12-17 shall not be collected or required to be paid on or after the first
12-18 day of the second month following the certification, except that
12-19 the comptroller shall resume collecting the fees on receipt of a
12-20 commission certification that the fund has fallen below $10 [$6]
12-21 million. The comptroller shall continue collecting the fees until
12-22 collections are again suspended in the manner provided by this
12-23 subsection.
12-24 (c) The fund consists of:
12-25 (1) penalties imposed under Section 85.381 for
12-26 violation of a law, order, or rule relating to well plugging
12-27 requirements;
13-1 (2) proceeds from bonds and other financial assurances
13-2 required by this chapter, subject to the refund provisions of
13-3 Section 91.1091;
13-4 (3) private contributions, including contributions
13-5 made under Section 89.084;
13-6 (4) expenses collected under Section 89.083;
13-7 (5) fees imposed under Section 85.2021;
13-8 (6) civil penalties collected for violations of
13-9 Chapter 89 or of rules or orders relating to plugging that are
13-10 adopted under this code;
13-11 (7) proceeds collected under Sections 89.085 and
13-12 91.115;
13-13 (8) interest earned on the funds deposited in the
13-14 fund;
13-15 (9) fees collected under Section 91.104;
13-16 (10) civil penalties or costs recovered under Section
13-17 91.457 or 91.459;
13-18 (11) oil and gas waste hauler permit application fees
13-19 collected under Section 29.015, Water Code;
13-20 (12) costs recovered under Section 91.113(f);
13-21 (13) hazardous oil and gas waste generation fees
13-22 collected under Section 91.605;
13-23 (14) oil-field cleanup regulatory fees on oil
13-24 collected under Section 81.116;
13-25 (15) oil-field cleanup regulatory fees on gas
13-26 collected under Section 81.117;
13-27 (16) fees for a reissued certificate collected under
14-1 Section 85.167;
14-2 (17) fees collected under Section 91.1013;
14-3 (18) fees collected under Section 89.088;
14-4 (19) penalties collected under Section 81.0531; [and]
14-5 (20) fees collected under Section 91.142;
14-6 (21) fees collected under Section 91.1132; and
14-7 (22) legislative appropriations.
14-8 (e) The commission, through the legislative appropriations
14-9 request process, shall establish specific performance goals for the
14-10 oil-field cleanup fund for the next biennium, including goals for
14-11 the number of:
14-12 (1) site investigations and environmental assessments
14-13 to be conducted;
14-14 (2) abandoned wells to be plugged; and
14-15 (3) surface locations to be remediated.
14-16 SECTION 13. Section 91.112(b), Natural Resources Code, is
14-17 amended to read as follows:
14-18 (b) The commission shall submit to the legislature and make
14-19 available to the public, annually, a report that reviews the extent
14-20 to which money provided under Section 91.111 has enabled the
14-21 commission to better protect the environment and enhance the income
14-22 of the oil-field cleanup fund. The report shall include:
14-23 (1) the number of wells plugged, by region;
14-24 (2) the number of wells abandoned, by region;
14-25 (3) the number of inactive wells not currently in
14-26 compliance with commission rules, by region;
14-27 (4) the status of enforcement proceedings for all
15-1 wells in violation of commission rules and the time period during
15-2 which the wells have been in violation, by region in which the
15-3 wells are located;
15-4 (5) the number of surface locations remediated, by
15-5 region;
15-6 (6) a detailed accounting of expenditures of money in
15-7 the fund, including expenditures for site investigations and
15-8 environmental assessments, plugging of abandoned wells, remediation
15-9 of surface locations, and staff salaries and other administrative
15-10 expenses;
15-11 (7) the method by which the commission sets priorities
15-12 by which it determines the order in which abandoned wells are
15-13 plugged;
15-14 (8) [(6)] a projection of the amount of money needed
15-15 for the next biennium for conducting site investigations and
15-16 environmental assessments, plugging abandoned wells, and
15-17 remediating surface locations; and
15-18 (9) [(7)] the status of implementation of the
15-19 provisions of Section 89.085 relating to possession and sale of
15-20 equipment to recover plugging costs.
15-21 SECTION 14. Subchapter D, Chapter 91, Natural Resources Code,
15-22 is amended by adding Sections 91.1131 and 91.1132 to read as
15-23 follows:
15-24 Sec. 91.1131. RISK ASSESSMENT STANDARDS; PRIORITIZATION OF
15-25 HIGH-RISK WELLS. (a) The commission by rule shall establish risk
15-26 assessment as the guide for:
15-27 (1) conducting site investigations and environmental
16-1 assessments; and
16-2 (2) controlling and cleaning up oil and gas wastes and
16-3 other substances and materials.
16-4 (b) Rules adopted under this section must provide for:
16-5 (1) determining whether an actual or potential risk
16-6 exists at a site;
16-7 (2) screening contaminants at the site to identify
16-8 those that pose a risk;
16-9 (3) developing cleanup standards based on
16-10 contamination levels that are protective of human health and the
16-11 environment and that preserve the active and productive use of the
16-12 land; and
16-13 (4) establishing a reporting mechanism for informing
16-14 the commission regarding specific remediation activities.
16-15 (c) The commission by rule shall develop a system for:
16-16 (1) identifying abandoned wells that pose a high risk
16-17 of contaminating surface water or groundwater;
16-18 (2) periodically testing high-risk wells by conducting
16-19 a fluid level test or, if necessary, a pressure test; and
16-20 (3) giving priority to plugging high-risk wells with
16-21 compromised casings.
16-22 Sec. 91.1132. VOLUNTARY CLEANUP PROGRAM. (a) The commission
16-23 by rule shall establish a voluntary cleanup program under which a
16-24 person who is not a responsible person as defined by Section 91.113
16-25 and who cleans up oil and gas wastes or other substances or
16-26 materials in accordance with an agreement with the commission may
16-27 receive from the commission a certificate evidencing completion of
17-1 the cleanup. On receipt of the certificate, the person is released
17-2 from all liability to the commission for cleanup of the site
17-3 covered by the certificate.
17-4 (b) A person who desires to participate in the program must
17-5 submit to the commission:
17-6 (1) an application; and
17-7 (2) an application fee in an amount set by commission
17-8 rule.
17-9 (c) The staff of the commission shall:
17-10 (1) assist a participant in the program in developing
17-11 a cleanup plan; and
17-12 (2) provide technical oversight during the cleanup.
17-13 (d) The program established under this section must be
17-14 consistent with rules adopted under Section 91.1131.
17-15 SECTION 15. Section 91.142, Natural Resources Code, is
17-16 amended by adding Subsection (g) to read as follows:
17-17 (g) The commission by rule shall require an organization
17-18 report filed under this section to be accompanied by a fee set by
17-19 the commission in an amount sufficient to cover the cost of
17-20 administering this section. The commission may not set a fee under
17-21 this subsection in an amount that is projected to generate annual
17-22 revenue of more than $3 million.
17-23 SECTION 16. Subchapter B, Chapter 101, Natural Resources
17-24 Code, is amended by adding Section 101.019 to read as follows:
17-25 Sec. 101.019. MANDATORY UNITIZATION. (a) Notwithstanding
17-26 the other provisions of this chapter, the commission shall adopt
17-27 rules authorizing mandatory unitization.
18-1 (b) The rules shall authorize a working interest owner to
18-2 file an application with the commission on a form prescribed by the
18-3 commission for approval of a waterflood, enhanced oil recovery
18-4 project, or tertiary recovery project affecting all or part of an
18-5 oil field, gas field, or oil and gas field.
18-6 (c) The commission may approve the application if, after
18-7 notice and hearing, the commission determines that the waterflood,
18-8 enhanced oil recovery project, or tertiary recovery project:
18-9 (1) is equitable and reasonable;
18-10 (2) prevents waste;
18-11 (3) promotes conservation of natural resources; and
18-12 (4) protects the correlative rights of the owners of
18-13 all the interests in the field.
18-14 (d) If the commission approves the application, the owners
18-15 of all the interests in the area covered by the application are
18-16 bound by the terms of the proposed waterflood, enhanced oil
18-17 recovery project, or tertiary recovery project.
18-18 (e) In adopting rules under this section, the commission
18-19 shall take into consideration those procedures used by agencies or
18-20 commissions of other states having similar authority over the
18-21 regulation of oil and gas matters.
18-22 SECTION 17. Section 113.0511, Natural Resources Code, is
18-23 amended to read as follows:
18-24 Sec. 113.0511. LIMITATIONS ON RULEMAKING AUTHORITY. (a) The
18-25 commission may not adopt rules restricting advertising or
18-26 competitive bidding [or advertising] by a licensee [person
18-27 regulated by the commission] except to prohibit false, misleading,
19-1 or deceptive practices [by the person].
19-2 (b) In its [The commission may not include in any] rules to
19-3 prohibit false, misleading, or deceptive practices, the commission
19-4 may not include [by a person regulated by the commission] a rule
19-5 that:
19-6 (1) restricts the [person's] use of any medium for
19-7 advertising;
19-8 (2) restricts the use of a licensee's [person's]
19-9 personal appearance or [use of his] voice in an advertisement;
19-10 (3) relates to the size or duration of an
19-11 advertisement by the licensee [person]; or
19-12 (4) restricts the licensee's [person's] advertisement
19-13 under a trade name.
19-14 SECTION 18. Section 113.087, Natural Resources Code, is
19-15 amended by amending Subsections (i)-(m) and adding Subsections (n)
19-16 and (o) to read as follows:
19-17 (i) Not later than the 30th day after the date a person
19-18 takes a licensing [on which an] examination [is administered] under
19-19 this chapter [section], the commission shall notify the person
19-20 [each examinee] of the results of the examination.
19-21 (j) If the examination is graded or reviewed by a testing
19-22 service:
19-23 (1) the commission shall notify the person of the
19-24 results of the examination not later than the 14th day after the
19-25 date the commission receives the results from the testing service;
19-26 and
19-27 (2) if notice of the examination results will be
20-1 delayed for longer than 90 days after the examination date, the
20-2 commission shall notify the person [examinee] of the reason for the
20-3 delay before the 90th day.
20-4 (k) The commission may require a testing service to notify a
20-5 person of the results of the person's examination.
20-6 (l) [(j)] If requested in writing by a person who fails a
20-7 [the] licensing examination administered under this chapter
20-8 [section], the commission shall furnish the person with an analysis
20-9 of the person's performance on the examination.
20-10 (m) [(k)] The commission, by appropriate rule, shall [may]
20-11 require, in addition to examination requirements as set out in
20-12 Subsections (b), (c), and (d) of this section:
20-13 (1) an examination for technical competence that is
20-14 validated by a recognized educational testing organization or
20-15 similar organization; or
20-16 (2) attendance at approved academic, trade,
20-17 professional, or commission-sponsored seminars, other continuing
20-18 education programs, and periodic reexaminations.
20-19 (n) [(l)] Prior to qualifying an individual to perform
20-20 LP-gas work, the commission may establish by rule an initial course
20-21 of instruction for any person who has not yet passed the category
20-22 of examination for which the person seeks qualification; for any
20-23 person who has not maintained qualified status, as defined by rule;
20-24 and for any person whose certification has been revoked pursuant to
20-25 Subchapter F of this code. If an initial course of instruction is
20-26 established by the commission, it shall be available at least once
20-27 every 90 days.
21-1 (o) [(m)] The commission by rule may exempt from any
21-2 provision of this section:
21-3 (1) a journeyman or master plumber licensed by the
21-4 Texas State Board of Plumbing Examiners;
21-5 (2) a person licensed under the Air Conditioning and
21-6 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
21-7 Civil Statutes); or
21-8 (3) company representatives, operations supervisors,
21-9 or employees of a testing laboratory that was registered under
21-10 Section 113.135 prior to the effective date of this subsection.
21-11 SECTION 19. Section 113.093, Natural Resources Code, is
21-12 amended to read as follows:
21-13 Sec. 113.093. LICENSE RENEWAL. (a) A person who is
21-14 otherwise eligible to renew a license may renew an unexpired
21-15 license by paying the required [issued pursuant to this chapter is
21-16 renewable on the timely payment or tender of the] renewal [license]
21-17 fee to the commission before the expiration date of the license
21-18 [each year]. A person whose license has expired may not engage in
21-19 activities that require a license until the license has been
21-20 renewed.
21-21 (b) A person whose [If a person's] license has been expired
21-22 for [not longer than] 90 days or less [, the person] may renew the
21-23 license by paying to the commission a [the required] renewal fee
21-24 that is equal to 1-1/2 times the normally required [and a fee that
21-25 is one-half of the amount of the] renewal fee [for the license].
21-26 (c) A person whose [If a person's] license has been expired
21-27 for more [longer] than 90 days but less than one year [two years,
22-1 the person] may renew the license by paying to the commission a
22-2 [all unpaid] renewal [fees and a] fee that is equal to two times
22-3 the normally required [the amount of the unpaid] renewal fee [fees
22-4 for the license].
22-5 (d) A person whose [If a person's] license has been expired
22-6 for one year [two years] or more [longer, the person] may not renew
22-7 the license. The person may obtain a new license by complying with
22-8 the requirements and procedures, including the examination
22-9 requirements, for obtaining an original license.
22-10 (e) A person who was licensed in this state, moved to
22-11 another state, and is currently licensed and has been in practice
22-12 in the other state for the two years preceding the date of
22-13 application may obtain a new license without reexamination. The
22-14 person must pay to the commission a fee that is equal to two times
22-15 the normally required renewal fee for the license.
22-16 (f) Not later than the 30th day before the date a person's
22-17 license is scheduled to expire, the commission shall send written
22-18 notice of the impending expiration to the person at the person's
22-19 last known address according to the records of the commission.
22-20 (g) A renewal license will be issued to a licensee as soon
22-21 as is practicable after compliance with this section, and
22-22 fulfillment of insurance, examination, and seminar requirements
22-23 established by this chapter, and submission of any information and
22-24 data the commission may reasonably require.
22-25 (h) [(f)] Renewal [license] fees shall be nonrefundable.
22-26 [(g) At least 15 days before the expiration of a person's
22-27 license the commission shall notify the person in writing of the
23-1 impending license expiration and shall attempt to obtain from the
23-2 person a signed receipt confirming receipt of the notice.]
23-3 SECTION 20. Subchapter D, Chapter 113, Natural Resources
23-4 Code, is amended by adding Section 113.096 to read as follows:
23-5 Sec. 113.096. PROVISIONAL LICENSE. (a) The commission may
23-6 issue a provisional license to an applicant currently licensed in
23-7 another jurisdiction who seeks a license in this state and who:
23-8 (1) has been licensed in good standing for at least
23-9 two years in another jurisdiction, including a foreign country,
23-10 that has licensing requirements substantially equivalent to the
23-11 requirements of this chapter;
23-12 (2) has passed a national or other examination
23-13 recognized by the commission relating to the activities regulated
23-14 under this chapter; and
23-15 (3) is sponsored by a person licensed by the
23-16 commission under this chapter with whom the provisional license
23-17 holder will practice during the time the person holds a provisional
23-18 license.
23-19 (b) The commission may waive the requirement of Subsection
23-20 (a)(3) for an applicant if the commission determines that
23-21 compliance with that subsection would be a hardship to the
23-22 applicant.
23-23 (c) A provisional license is valid until the date the
23-24 commission approves or denies the provisional license holder's
23-25 application for a license. The commission shall issue a license
23-26 under this chapter to the provisional license holder if:
23-27 (1) the provisional license holder is eligible to be
24-1 licensed under Section 113.095; or
24-2 (2) the provisional license holder:
24-3 (A) passes the part of the examination under
24-4 Section 113.087 that relates to the applicant's knowledge and
24-5 understanding of the laws and rules relating to the activities
24-6 regulated under this chapter in this state;
24-7 (B) meets the academic and experience
24-8 requirements for a license under this chapter; and
24-9 (C) satisfies any other licensing requirements
24-10 under this chapter.
24-11 (d) The commission must approve or deny a provisional
24-12 license holder's application for a license not later than the 180th
24-13 day after the date the provisional license is issued. The
24-14 commission may extend the 180-day period if the results of an
24-15 examination have not been received by the commission before the end
24-16 of that period.
24-17 (e) The commission may establish a fee for provisional
24-18 licenses in an amount reasonable and necessary to cover the cost of
24-19 issuing the license.
24-20 SECTION 21. The heading to Subchapter F, Chapter 113, Natural
24-21 Resources Code, is amended to read as follows:
24-22 SUBCHAPTER F. DISCIPLINARY ACTION [SUSPENSION AND REVOCATION OF
24-23 LICENSES AND REGISTRATIONS]
24-24 SECTION 22. Section 113.163, Natural Resources Code, is
24-25 amended to read as follows:
24-26 Sec. 113.163. FINDINGS AND JUDGMENT. (a) The [If the]
24-27 commission shall revoke, suspend, or refuse to renew a license or
25-1 registration or shall reprimand a licensee or registrant if the
25-2 commission finds that the licensee or registrant has violated or
25-3 failed to comply with or is violating or failing to comply with
25-4 this chapter or a rule or standard promulgated and adopted under
25-5 this chapter[, or both, the commission may suspend the license or
25-6 registration for a definite period not to exceed 90 days or may
25-7 revoke the license or registration. If the commission determines
25-8 that no violation has occurred or is occurring, its order shall so
25-9 state. Whenever a license or registration is revoked by order of
25-10 the commission, a new license or registration shall not be issued
25-11 for at least 90 days from the effective date of the order. Such
25-12 time period shall be stated in the order].
25-13 (b) The commission may place on probation a person whose
25-14 license or registration is [has been] suspended. If a license or
25-15 registration suspension is probated, the commission may require the
25-16 person:
25-17 (1) to report regularly to the commission on matters
25-18 that are the basis of the probation;
25-19 (2) to limit practice to the areas prescribed by the
25-20 commission; or
25-21 (3) to continue or review professional education until
25-22 the person attains a degree of skill satisfactory to the commission
25-23 in those areas that are the basis of the [under Subsection (a) of
25-24 this section for a definite period not to exceed one year, but if
25-25 the commission does place the licensee or registrant on probation
25-26 and does allow him to continue to operate, the fact that the
25-27 license or registration has been suspended and the licensee or
26-1 registrant has been put on probation shall appear in the records of
26-2 the commission relating to the suspension and] probation.
26-3 SECTION 23. Subchapter B, Chapter 116, Natural Resources
26-4 Code, is amended by adding Section 116.016 to read as follows:
26-5 Sec. 116.016. LIMITATIONS ON RULEMAKING AUTHORITY. (a) The
26-6 commission may not adopt rules restricting advertising or
26-7 competitive bidding by a licensee or registrant except to prohibit
26-8 false, misleading, or deceptive practices.
26-9 (b) In its rules to prohibit false, misleading, or deceptive
26-10 practices, the commission may not include a rule that:
26-11 (1) restricts the use of any medium for advertising;
26-12 (2) restricts the use of a licensee or registrant's
26-13 personal appearance or voice in an advertisement;
26-14 (3) relates to the size or duration of an
26-15 advertisement by the licensee or registrant; or
26-16 (4) restricts the licensee or registrant's
26-17 advertisement under a trade name.
26-18 SECTION 24. Section 116.033, Natural Resources Code, is
26-19 amended to read as follows:
26-20 Sec. 116.033. APPLICATION AND RENEWAL PROCEDURES. (a) The
26-21 commission shall adopt rules establishing procedures for submitting
26-22 and processing applications for issuance and renewal of licenses
26-23 and for registration.
26-24 (b) A person who is otherwise eligible to renew a license or
26-25 registration may renew an unexpired license or registration by
26-26 paying the required renewal fee to the commission before the
26-27 expiration date of the license or registration. A person whose
27-1 license or registration has expired may not engage in activities
27-2 that require a license or registration until the license or
27-3 registration has been renewed.
27-4 (c) A person whose license or registration has been expired
27-5 for 90 days or less may renew the license or registration by paying
27-6 to the commission a renewal fee that is equal to 1-1/2 times the
27-7 normally required renewal fee.
27-8 (d) A person whose license or registration has been expired
27-9 for more than 90 days but less than one year may renew the license
27-10 or registration by paying to the commission a renewal fee that is
27-11 equal to two times the normally required renewal fee.
27-12 (e) A person whose license or registration has been expired
27-13 for one year or more may not renew the license or registration. The
27-14 person may obtain a new license or registration by complying with
27-15 the requirements and procedures, including the examination
27-16 requirements, for obtaining an original license or registration.
27-17 (f) A person who was licensed or registered in this state,
27-18 moved to another state, and is currently licensed or registered and
27-19 has been in practice in the other state for the two years preceding
27-20 the date of application may obtain a new license or registration
27-21 without reexamination. The person must pay to the commission a fee
27-22 that is equal to two times the normally required renewal fee for
27-23 the license or registration.
27-24 (g) Not later than the 30th day before the date a person's
27-25 license or registration is scheduled to expire, the commission
27-26 shall send written notice of the impending expiration to the person
27-27 at the person's last known address according to the records of the
28-1 commission.
28-2 SECTION 25. Section 116.034, Natural Resources Code, is
28-3 amended by adding Subsections (d)-(h) to read as follows:
28-4 (d) Not later than the 30th day after the date a person
28-5 takes a licensing or registration examination under this chapter,
28-6 the commission shall notify the person of the results of the
28-7 examination.
28-8 (e) If the examination is graded or reviewed by a testing
28-9 service:
28-10 (1) the commission shall notify the person of the
28-11 results of the examination not later than the 14th day after the
28-12 date the commission receives the results from the testing service;
28-13 and
28-14 (2) if notice of the examination results will be
28-15 delayed for longer than 90 days after the examination date, the
28-16 commission shall notify the person of the reason for the delay
28-17 before the 90th day.
28-18 (f) The commission may require a testing service to notify a
28-19 person of the results of the person's examination.
28-20 (g) If requested in writing by a person who fails a
28-21 licensing or registration examination administered under this
28-22 chapter, the commission shall furnish the person with an analysis
28-23 of the person's performance on the examination.
28-24 (h) The commission shall recognize, prepare, or administer
28-25 continuing education programs for its licensees and registrants. A
28-26 licensee or registrant must participate in the programs to the
28-27 extent required by the commission to keep the person's license.
29-1 SECTION 26. Subchapter C, Chapter 116, Natural Resources
29-2 Code, is amended by adding Sections 116.0345 and 116.0346 to read
29-3 as follows:
29-4 Sec. 116.0345. LICENSE OR REGISTRATION BY ENDORSEMENT. The
29-5 commission may waive any prerequisite to obtaining a license or
29-6 registration for an applicant after reviewing the applicant's
29-7 credentials and determining that the applicant holds a license or
29-8 registration issued by another jurisdiction that has licensing
29-9 requirements substantially equivalent to those of this state.
29-10 Sec. 116.0346. PROVISIONAL LICENSE OR REGISTRATION. (a) The
29-11 commission may issue a provisional license or registration to an
29-12 applicant currently licensed or registered in another jurisdiction
29-13 who seeks a license or registration in this state and who:
29-14 (1) has been licensed or registered in good standing
29-15 for at least two years in another jurisdiction, including a foreign
29-16 country, that has licensing or registration requirements
29-17 substantially equivalent to the requirements of this chapter;
29-18 (2) has passed a national or other examination
29-19 recognized by the commission relating to the activities regulated
29-20 under this chapter; and
29-21 (3) is sponsored by a person licensed or registered by
29-22 the commission under this chapter with whom the provisional license
29-23 or registration holder will practice during the time the person
29-24 holds a provisional license or registration.
29-25 (b) The commission may waive the requirement of Subsection
29-26 (a)(3) for an applicant if the commission determines that
29-27 compliance with that subsection would be a hardship to the
30-1 applicant.
30-2 (c) A provisional license or registration is valid until the
30-3 date the commission approves or denies the provisional license or
30-4 registration holder's application for a license or registration.
30-5 The commission shall issue a license or registration under this
30-6 chapter to the provisional license or registration holder if:
30-7 (1) the provisional license or registration holder is
30-8 eligible to be licensed or registered under Section 116.0345; or
30-9 (2) the provisional license or registration holder:
30-10 (A) passes the part of the examination under
30-11 Section 116.034 that relates to the applicant's knowledge and
30-12 understanding of the laws and rules relating to the activities
30-13 regulated under this chapter in this state;
30-14 (B) meets the academic and experience
30-15 requirements for a license or registration under this chapter; and
30-16 (C) satisfies any other licensing or
30-17 registration requirements under this chapter.
30-18 (d) The commission must approve or deny a provisional
30-19 license or registration holder's application for a license or
30-20 registration not later than the 180th day after the date the
30-21 provisional license or registration is issued. The commission may
30-22 extend the 180-day period if the results of an examination have not
30-23 been received by the commission before the end of that period.
30-24 (e) The commission may establish a fee for provisional
30-25 licenses or registrations in an amount reasonable and necessary to
30-26 cover the cost of issuing the license or registration.
30-27 SECTION 27. The heading to Section 116.037, Natural Resources
31-1 Code, is amended to read as follows:
31-2 Sec. 116.037. DISCIPLINARY ACTION [SUSPENSION AND REVOCATION
31-3 OF LICENSE].
31-4 SECTION 28. Section 116.037, Natural Resources Code, is
31-5 amended by amending Subsections (f) and (g) and adding Subsection
31-6 (h) to read as follows:
31-7 (f) The [If the] commission shall revoke, suspend, or refuse
31-8 to renew the license or registration or shall reprimand the
31-9 licensee or registrant if the commission finds that the licensee or
31-10 registrant has violated or failed to comply with or is violating or
31-11 failing to comply with this chapter or a rule adopted under this
31-12 chapter[, the commission may suspend the license or registration
31-13 for a definite period not to exceed 90 days or may revoke the
31-14 license].
31-15 (g) The commission may place on probation a person whose
31-16 license or registration is suspended. If a license or registration
31-17 suspension is probated, the commission may require the person:
31-18 (1) to report regularly to the commission on matters
31-19 that are the basis of the probation;
31-20 (2) to limit practice to the areas prescribed by the
31-21 commission; or
31-22 (3) to continue or review professional education until
31-23 the person attains a degree of skill satisfactory to the commission
31-24 in those areas that are the basis of the probation.
31-25 (h) Any party to a proceeding before the commission is
31-26 entitled to judicial review under the substantial evidence rule.
31-27 SECTION 29. Subtitle D, Title 3, Natural Resources Code, is
32-1 amended by adding Chapter 118 to read as follows:
32-2 CHAPTER 118. PIPELINE ASSESSMENT AND TESTING
32-3 Sec. 118.001. AUTHORITY TO REQUIRE PLAN FOR PIPELINE
32-4 ASSESSMENT OR TESTING. (a) The commission by rule may require an
32-5 operator to file for commission approval a plan for assessment or
32-6 testing of a pipeline if the commission finds that:
32-7 (1) there is reason to believe that the pipeline may
32-8 present a hazard to public health or safety;
32-9 (2) the commission lacks adequate information to
32-10 assess the risk to public health or safety presented by the
32-11 pipeline; or
32-12 (3) a plan is necessary for the commission to initiate
32-13 or complete a pipeline safety investigation.
32-14 (b) The commission may take enforcement action against a
32-15 person who fails to:
32-16 (1) submit a required plan; or
32-17 (2) participate in a pipeline safety investigation.
32-18 Sec. 118.002. PIPELINES FOR WHICH PLAN MAY BE REQUIRED. The
32-19 rules may apply to interstate pipelines, intrastate pipelines,
32-20 portions of pipeline systems the regulation of which the federal
32-21 government has temporarily delegated to the commission, or
32-22 gathering lines, and to pipelines for the transportation of any
32-23 substance or material under the jurisdiction of the commission, as
32-24 specified by the commission.
32-25 Sec. 118.003. CONTENTS OF PLAN. The rules may require that
32-26 a plan include:
32-27 (1) an identification of risk factors associated with
33-1 a pipeline system, including population density;
33-2 (2) information about prior inspections and
33-3 maintenance;
33-4 (3) information about pressure tests;
33-5 (4) information about leaks;
33-6 (5) information about operating characteristics;
33-7 (6) information about corrosion protection methods;
33-8 and
33-9 (7) other information that may assist the commission
33-10 in assessing the risk to public health or safety presented by the
33-11 pipeline.
33-12 Sec. 118.004. APPROVAL OF PLAN. The commission may approve a
33-13 plan that complies with rules adopted under this chapter.
33-14 Sec. 118.005. CONSEQUENCES OF PLAN APPROVAL. The approval of
33-15 a plan by the commission does not constitute a certification or
33-16 representation that the pipeline is in compliance with or exempt
33-17 from applicable safety standards.
33-18 SECTION 30. Subchapter A, Chapter 102, Utilities Code, is
33-19 amended by adding Section 102.006 to read as follows:
33-20 Sec. 102.006. POWERS AND DUTIES OF STATE OFFICE OF
33-21 ADMINISTRATIVE HEARINGS. (a) The utility division of the State
33-22 Office of Administrative Hearings shall conduct each hearing in a
33-23 contested case that is not conducted by one or more members of the
33-24 railroad commission.
33-25 (b) The railroad commission may delegate to the utility
33-26 division of the State Office of Administrative Hearings the
33-27 authority to make a final decision and to issue findings of fact,
34-1 conclusions of law, and other necessary orders in a proceeding in
34-2 which there is not a contested issue of fact or law.
34-3 (c) The railroad commission by rule shall define the
34-4 procedures by which it delegates final decision-making authority
34-5 under Subsection (b).
34-6 (d) For purposes of judicial review, an administrative law
34-7 judge's final decision under Subsection (b) has the same effect as
34-8 a final decision of the railroad commission unless a member of the
34-9 commission requests formal review of the decision.
34-10 SECTION 31. Subchapter A, Chapter 104, Utilities Code, is
34-11 amended by adding Section 104.009 to read as follows:
34-12 Sec. 104.009. ASSISTANCE TO LOW-INCOME CUSTOMERS. (a) The
34-13 railroad commission by rule shall establish a program to provide
34-14 assistance to low-income customers in paying for gas utility
34-15 service.
34-16 (b) The gas utility service assistance fund is created as a
34-17 trust fund with the comptroller and shall be administered by the
34-18 railroad commission as a trustee on behalf of recipients of money
34-19 from the fund. The fund is financed by a fee set by the
34-20 commission. The fee is allocated to customers based on the amount
34-21 of gas used.
34-22 (c) The railroad commission shall require a gas utility to
34-23 determine a reduced rate for low-income customers and shall
34-24 reimburse a gas utility from the fund for the difference between
34-25 the reduced rate and the rate that would otherwise be applicable.
34-26 (d) The railroad commission shall provide for enrolling
34-27 low-income customers in the program established under this section.
35-1 SECTION 32. Section 104.107, Utilities Code, is amended by
35-2 amending Subsection (b) and adding Subsection (c) to read as
35-3 follows:
35-4 (b) The 150-day period prescribed by Subsection (a)(2) shall
35-5 be extended for two days for each day the actual hearing on the
35-6 merits of the case exceeds 15 days.
35-7 (c) If the regulatory authority does not make a final
35-8 determination concerning a schedule of rates before expiration of
35-9 the applicable suspension period, the regulatory authority is
35-10 considered to have approved the schedule. This approval is subject
35-11 to the authority of the regulatory authority thereafter to continue
35-12 a hearing in progress.
35-13 SECTION 33. Section 121.206, Utilities Code, is amended by
35-14 amending Subsection (c) and adding Subsection (d) to read as
35-15 follows:
35-16 (c) In determining the amount of the penalty, the railroad
35-17 commission shall consider the guidelines adopted under Subsection
35-18 (d).
35-19 (d) The commission by rule shall adopt guidelines to be used
35-20 in determining the amount of a penalty under this subchapter. The
35-21 guidelines shall include a penalty calculation worksheet that
35-22 specifies the typical penalty for certain violations, circumstances
35-23 justifying enhancement of a penalty and the amount of the
35-24 enhancement, and circumstances justifying a reduction in a penalty
35-25 and the amount of the reduction. The guidelines shall take into
35-26 account:
35-27 (1) the person's history of previous violations of
36-1 Section 121.201 or a safety standard or rule relating to the
36-2 transportation of gas and gas pipeline facilities adopted under
36-3 that section, including the number of previous violations;
36-4 (2) the seriousness of the violation and of any
36-5 pollution resulting from the violation; [and]
36-6 (3) any hazard to the health or safety of the public;
36-7 (4) the degree of culpability;
36-8 (5) the demonstrated good faith of the person charged;
36-9 and
36-10 (6) any other factor the commission considers
36-11 relevant.
36-12 SECTION 34. Subchapter C, Chapter 2003, Government Code, is
36-13 amended by adding Section 2003.0491 to read as follows:
36-14 Sec. 2003.0491. RAILROAD COMMISSION HEARINGS. The utility
36-15 division shall conduct contested case hearings and may make final
36-16 decisions and issue findings of fact, conclusions of law, and other
36-17 necessary orders in other proceedings on behalf of the Railroad
36-18 Commission of Texas as provided by Section 102.006, Utilities Code.
36-19 The provisions of Section 2003.049 apply to a proceeding under this
36-20 section except as otherwise provided by Section 102.006, Utilities
36-21 Code.
36-22 SECTION 35. (a) Except as otherwise provided by this Act,
36-23 this Act takes effect September 1, 2001.
36-24 (b) The Railroad Commission of Texas shall adopt rules under
36-25 Section 101.019, Natural Resources Code, as added by this Act, not
36-26 later than January 1, 2002.
36-27 (c) Section 102.006, Utilities Code, as added by this Act,
37-1 and Section 2003.0491, Government Code, as added by this Act, apply
37-2 only to a contested case filed at the Railroad Commission of Texas
37-3 on or after the effective date of this Act. A contested case filed
37-4 at the commission before that date is governed by the law in effect
37-5 at the time the case is filed, and the former law is continued in
37-6 effect for that purpose.