By: Harris S.B. No. 310
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
1-13 an intra-agency career ladder program, one part of which shall be
1-14 the intra-agency posting of all nonentry level positions for at
1-15 least 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.
1-25 (b) The policy statement must [plan shall] include:
2-1 (1) personnel policies, including policies relating to
2-2 [plans for] recruitment, evaluation, selection, [appointment,]
2-3 training, and promotion of personnel, that show the intent of the
2-4 commission to avoid the unlawful employment practices described by
2-5 Chapter 21, Labor Code; and
2-6 (2) an analysis of the extent to which the composition
2-7 of the commission's personnel is in accordance with state and
2-8 federal law and a description of reasonable methods to achieve
2-9 compliance with state and federal law.
2-10 (c) The policy statement must:
2-11 (1) be updated annually;
2-12 (2) be reviewed by the state Commission on Human
2-13 Rights for compliance with Subsection (b) of this article; and
2-14 (3) be filed with the governor's office[, and other
2-15 personnel practices. The plan shall also include steps reasonably
2-16 designed to overcome any identified under-utilization of minorities
2-17 and women in the commission's work force and shall include
2-18 objectives and goals, timetables for achieving those objectives and
2-19 goals, and assignments of responsibility for their completion. The
2-20 plan shall be filed with the governor's office within 60 days after
2-21 the effective date of this section, cover an annual period, and be
2-22 updated at least annually. Progress reports shall be submitted to
2-23 the governor's office within 30 days of November 1 and April 1 of
2-24 each year and shall include the steps the commission has taken
2-25 within the reporting period to comply with this requirement of this
2-26 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
4-1 regarding a person's [employees'] responsibilities under applicable
4-2 laws relating to standards of conduct for state officers or
4-3 employees.
4-4 Art. 6447h. COMPLAINTS. (a) The commission shall maintain
4-5 a [keep an information] file on [about] each written complaint
4-6 filed with the commission. The file must include:
4-7 (1) the name of the person who filed the complaint;
4-8 (2) the date the complaint is received by the
4-9 commission;
4-10 (3) the subject matter of the complaint;
4-11 (4) the name of each person contacted in relation to
4-12 the complaint;
4-13 (5) a summary of the results of the review or
4-14 investigation of the complaint; and
4-15 (6) an explanation of the reason the file was closed,
4-16 if the commission closed the file without taking action other than
4-17 to investigate the complaint.
4-18 (b) The commission shall provide to the person filing the
4-19 complaint and to each person who is a subject of the complaint a
4-20 copy of the commission's policies and procedures relating to
4-21 complaint investigation and resolution.
4-22 (c) The [relating to a person who has a license, permit, or
4-23 certificate of public convenience and necessity from the
4-24 commission.]
4-25 [(b) If a written complaint is filed with the commission
4-26 relating to a person who has a license, permit, or certificate of
5-1 public convenience and necessity from the] commission, at least [as
5-2 frequently as] quarterly [and] until final disposition of the
5-3 complaint, [the commission] shall notify the person filing [parties
5-4 to] the complaint and each person who is a subject of the complaint
5-5 of the status of the investigation [complaint] unless the notice
5-6 would jeopardize an undercover investigation. [This section does
5-7 not apply to complaints under Chapter 91, Natural Resources Code.]
5-8 SECTION 2. Title 112, Revised Statutes, is amended by adding
5-9 Articles 6447k, 6447l, 6447m, and 6447n to read as follows:
5-10 Art. 6447k. SEPARATION OF POLICY-MAKING AND MANAGEMENT
5-11 RESPONSIBILITIES. The commission shall develop and implement
5-12 policies that clearly separate the policy-making responsibilities
5-13 of the members of the commission and the management
5-14 responsibilities of the staff of the commission.
5-15 Art. 6447l. PUBLIC PARTICIPATION. The commission shall
5-16 develop and implement policies that provide the public with a
5-17 reasonable opportunity to appear before the commission and to speak
5-18 on any issue under the jurisdiction of the commission.
5-19 Art. 6447m. EMPLOYEE INCENTIVE PROGRAM. The commission
5-20 shall provide to commission employees information and training on
5-21 the benefits and methods of participation in the state employee
5-22 incentive program.
5-23 Art. 6447n. METHOD OF MAKING PAYMENTS TO COMMISSION.
5-24 (a) The commission may authorize payment, as prescribed by the
5-25 commission, of regulatory fees, fines, penalties, and charges for
5-26 goods and services by means of an electronic payment method or a
6-1 credit card issued by a financial institution chartered by a state
6-2 or the United States or issued by a nationally recognized credit
6-3 organization approved by the commission. A payment by the
6-4 authorized method may be made in person, by telephone, or through
6-5 the Internet.
6-6 (b) The commission may require a person who makes a payment
6-7 to the commission by means of an electronic payment method or
6-8 credit card to pay a discount or service charge in an amount
6-9 reasonable and necessary to reimburse the commission for the costs
6-10 involved in processing the payment.
6-11 (c) The commission may adopt rules as necessary to implement
6-12 this article.
6-13 SECTION 3. Section 81.0531, Natural Resources Code, is
6-14 amended by amending Subsections (c) and (d) and adding Subsection
6-15 (e) to read as follows:
6-16 (c) In determining the amount of the penalty, the commission
6-17 shall consider the permittee's history of previous violations, the
6-18 seriousness of the violation, any hazard to the health or safety of
6-19 the public, and the demonstrated good faith of the person charged.
6-20 In determining the amount of the penalty for a violation of a
6-21 provision of this title or a rule, order, license, permit, or
6-22 certificate that relates to pipeline safety, the commission shall
6-23 consider the guidelines adopted under Subsection (d).
6-24 (d) The commission by rule shall adopt guidelines to be used
6-25 in determining the amount of the penalty for a violation of a
6-26 provision of this title or a rule, order, license, permit, or
7-1 certificate that relates to pipeline safety. The guidelines shall
7-2 include a penalty calculation worksheet that specifies the typical
7-3 penalty for certain violations, circumstances justifying
7-4 enhancement of a penalty and the amount of the enhancement, and
7-5 circumstances justifying a reduction in a penalty and the amount of
7-6 the reduction. The guidelines shall take into account:
7-7 (1) the permittee's history of previous violations,
7-8 including the number of previous violations;
7-9 (2) the seriousness of the violation and of any
7-10 pollution resulting from the violation;
7-11 (3) any hazard to the health or safety of the public;
7-12 (4) the degree of culpability;
7-13 (5) the demonstrated good faith of the person charged;
7-14 and
7-15 (6) any other factor the commission considers
7-16 relevant.
7-17 (e) A penalty collected under this section shall be
7-18 deposited to the credit of the oil-field cleanup fund.
7-19 SECTION 4. Subsection (a), Section 81.116, Natural Resources
7-20 Code, is amended to read as follows:
7-21 (a) An oil-field cleanup regulatory fee is imposed on crude
7-22 petroleum produced in this state in the amount of five-eighths
7-23 [five sixteenths] of one cent on each barrel of 42 standard
7-24 gallons.
7-25 SECTION 5. Subsection (a), Section 81.117, Natural Resources
7-26 Code, is amended to read as follows:
8-1 (a) An oil-field cleanup regulatory fee is imposed on gas
8-2 initially produced and saved in this state in the amount of
8-3 one-fifteenth [one thirtieth] of one cent for each thousand cubic
8-4 feet.
8-5 SECTION 6. Section 85.161, Natural Resources Code, is
8-6 amended to read as follows:
8-7 Sec. 85.161. WELL OWNERS AND OPERATORS CERTIFICATES. The
8-8 owner or operator of any [an oil or gas] well subject to the
8-9 jurisdiction of the commission[, before connecting with any oil or
8-10 gas pipeline,] shall secure from the commission a certificate
8-11 showing compliance with the oil or gas conservation laws of the
8-12 state and conservation rules and orders of the commission.
8-13 SECTION 7. Section 85.2021, Natural Resources Code, is
8-14 amended to read as follows:
8-15 Sec. 85.2021. DRILLING PERMIT FEE. (a) With each
8-16 application or materially amended application for a permit to
8-17 drill, deepen, plug back, or reenter a well, the applicant shall
8-18 submit to the commission a nonrefundable fee of:
8-19 (1) $200 [$100] if the total depth of the well is
8-20 2,000 feet or less;
8-21 (2) $225 [$125] if the total depth of the well is
8-22 greater than 2,000 feet but less than or equal to 4,000 feet;
8-23 (3) $250 [$150] if the total depth of the well is
8-24 greater than 4,000 feet but less than or equal to 9,000 feet;
8-25 (4) $300 [$200] if the total depth of the well is
8-26 greater than 9,000 feet.
9-1 (b) An applicant shall submit an additional nonrefundable
9-2 fee of $200 when a Rule 37 spacing or a Rule 38 density exception
9-3 review is requested.
9-4 (c) An applicant shall submit an additional nonrefundable
9-5 fee of $150 [$50] when requesting that the commission expedite the
9-6 application for a permit to drill, deepen, plug back, or reenter a
9-7 well.
9-8 (d) [(c)] With each application for an extension of time to
9-9 plug a well pursuant to commission rules, an applicant shall submit
9-10 to the commission a nonrefundable fee of $300 [$100], unless the
9-11 applicant has filed a bond under Section 91.1041 or Section 91.1042
9-12 of this code.
9-13 (e) [(d)] All fees collected under this section shall be
9-14 deposited in the state oil-field cleanup fund.
9-15 SECTION 8. Effective September 1, 2004, Section 91.103,
9-16 Natural Resources Code, is amended to read as follows:
9-17 Sec. 91.103. PERSONS REQUIRED TO EXECUTE BOND [OR ALTERNATE
9-18 FORM OF FINANCIAL SECURITY]. Any person, including any firm,
9-19 partnership, joint stock association, corporation, or other
9-20 organization, required to file an organization report under Section
9-21 91.142 of this code shall execute and file with the commission a
9-22 bond [or alternate form of financial security].
9-23 SECTION 9. Subsections (b) and (c), Section 91.104, Natural
9-24 Resources Code, are amended to read as follows:
9-25 (b) A person required to file a bond under Section 91.103
9-26 may choose to file:
10-1 (1) an individual bond as provided under Section
10-2 91.1041;
10-3 (2) a blanket bond as provided under Section 91.1042;
10-4 or
10-5 (3) if the commission finds that individual or blanket
10-6 bonds as specified in Subdivisions (1) and (2) are not obtainable
10-7 at reasonable prices, the commission may permit a nonrefundable
10-8 annual fee of $1,000 [$100], if the person can demonstrate to the
10-9 commission an acceptable record of compliance with all commission
10-10 rules, orders, licenses, permits, or certificates that relate to
10-11 safety or the prevention or control of pollution for the previous
10-12 48 months and the person and, if a firm, partnership, joint stock
10-13 association, corporation, or other organization, its officers,
10-14 directors, general partners, or owners of more than 25 percent
10-15 ownership interest or any trustee:
10-16 (A) has no outstanding violations of such
10-17 commission rules, orders, licenses, permits, or certificates;
10-18 (B) has paid all administrative, civil, and
10-19 criminal penalties, if any, relating to any violation of such
10-20 commission rules, orders, licenses, permits, or certificates; and
10-21 (C) has paid all reimbursements of any costs and
10-22 expenses incurred by the commission in relation to any violation of
10-23 such commission rules, orders, licenses, permits, or certificates;
10-24 or
10-25 (4) a nonrefundable annual fee equal to 12-1/2 [three]
10-26 percent of the bond that otherwise would be required[; or]
11-1 [(5) to give a first lien on tangible personal
11-2 property associated with oil and gas production whose salvage value
11-3 equals the value of an individual bond under Section 91.1041 or the
11-4 value of a blanket bond under Section 91.1042 that otherwise would
11-5 be required].
11-6 (c) A person who chooses to file a form of financial
11-7 security other than a bond shall also submit a fee of $300 [$100]
11-8 for each application to extend the time to plug a well in
11-9 accordance with Section 85.2021 [of this code].
11-10 SECTION 10. Effective September 1, 2004, Section 91.104,
11-11 Natural Resources Code, is amended to read as follows:
11-12 Sec. 91.104. BONDS [AND ALTERNATE FORMS OF FINANCIAL
11-13 SECURITY]. (a) The commission shall require a bond [or an
11-14 alternate form of financial security] to be filed with the
11-15 commission as provided by Subsection (b) of this section.
11-16 (b) A person required to file a bond under Section 91.103
11-17 may choose to file:
11-18 (1) an individual bond as provided under Section
11-19 91.1041; or
11-20 (2) a blanket bond as provided under Section 91.1042[;]
11-21 [(3) a nonrefundable annual fee of $100, if the person
11-22 can demonstrate to the commission an acceptable record of
11-23 compliance with all commission rules, orders, licenses, permits, or
11-24 certificates that relate to safety or the prevention or control of
11-25 pollution for the previous 48 months and the person and, if a firm,
11-26 partnership, joint stock association, corporation, or other
12-1 organization, its officers, directors, general partners, or owners
12-2 of more than 25 percent ownership interest or any trustee:]
12-3 [(A) has no outstanding violations of such
12-4 commission rules, orders, licenses, permits, or certificates;]
12-5 [(B) has paid all administrative, civil, and
12-6 criminal penalties, if any, relating to any violation of such
12-7 commission rules, orders, licenses, permits, or certificates; and]
12-8 [(C) has paid all reimbursements of any costs
12-9 and expenses incurred by the commission in relation to any
12-10 violation of such commission rules, orders, licenses, permits, or
12-11 certificates;]
12-12 [(4) a nonrefundable annual fee equal to three percent
12-13 of the bond that otherwise would be required; or]
12-14 [(5) to give a first lien on tangible personal
12-15 property associated with oil and gas production whose salvage value
12-16 equals the value of an individual bond under Section 91.1041 or the
12-17 value of a blanket bond under Section 91.1042 that otherwise would
12-18 be required].
12-19 [(c) A person who chooses to file a form of financial
12-20 security other than a bond shall also submit a fee of $100 for each
12-21 application to extend the time to plug a well in accordance with
12-22 Section 85.2021 of this code.]
12-23 SECTION 11. Sections 91.1041 and 91.1042, Natural Resources
12-24 Code, are amended to read as follows:
12-25 Sec. 91.1041. INDIVIDUAL BOND. (a) A person required to
12-26 file a bond under Section 91.103 who operates one or more wells may
13-1 file a bond in an amount equal to $2 for each foot of well depth
13-2 for each well.
13-3 (b) Notwithstanding Subsection (a), the commission by rule
13-4 shall set the amount of the bond for an operator of one or more bay
13-5 or offshore wells at a reasonable amount that exceeds the amount
13-6 provided by Subsection (a).
13-7 Sec. 91.1042. BLANKET BOND. (a) A person required to file
13-8 a bond under Section 91.103 may file a blanket bond to cover all
13-9 wells and operations for which a bond is required as follows:
13-10 (1) a person who operates 10 or fewer wells or
13-11 performs other operations shall file a $25,000 blanket bond;
13-12 (2) a person who operates more than 10 but fewer than
13-13 100 wells shall file a $50,000 blanket bond; and
13-14 (3) a person who operates 100 or more wells shall file
13-15 a $250,000 blanket bond.
13-16 (b) Notwithstanding Subsection (a), the commission by rule
13-17 shall set the amount of the bond for an operator of bay or offshore
13-18 wells at a reasonable amount that exceeds the amount provided by
13-19 Subsection (a)(1), (2), or (3), as applicable.
13-20 SECTION 12. Effective September 1, 2004, Section 91.107,
13-21 Natural Resources Code, is amended to read as follows:
13-22 Sec. 91.107. NEW BOND [OR ALTERNATE FORM OF FINANCIAL
13-23 SECURITY]. If a well covered by a bond [or alternate form of
13-24 financial security] is transferred, sold, or assigned by its
13-25 operator, the commission shall require the party acquiring the well
13-26 to file a new bond [or alternate form of financial security] as
14-1 provided by this subchapter, and the bond [or alternate form of
14-2 financial security] of the prior operator shall continue to be
14-3 required and to remain in effect until the new bond [or alternate
14-4 form of financial security] is provided or the commission
14-5 determines that the bond [financial security] previously submitted
14-6 to the commission by the person acquiring the well complies with
14-7 this subchapter.
14-8 SECTION 13. Section 91.111, Natural Resources Code, is
14-9 amended by amending Subsections (b) and (c) and adding Subsection
14-10 (e) to read as follows:
14-11 (b) The commission shall certify to the comptroller the date
14-12 on which the balance in the fund equals or exceeds $20 [$10]
14-13 million. The oil-field cleanup regulatory fees on oil and gas
14-14 shall not be collected or required to be paid on or after the first
14-15 day of the second month following the certification, except that
14-16 the comptroller shall resume collecting the fees on receipt of a
14-17 commission certification that the fund has fallen below $10 [$6]
14-18 million. The comptroller shall continue collecting the fees until
14-19 collections are again suspended in the manner provided by this
14-20 subsection.
14-21 (c) The fund consists of:
14-22 (1) penalties imposed under Section 85.381 for
14-23 violation of a law, order, or rule relating to well plugging
14-24 requirements;
14-25 (2) proceeds from bonds and other financial assurances
14-26 required by this chapter, subject to the refund provisions of
15-1 Section 91.1091;
15-2 (3) private contributions, including contributions
15-3 made under Section 89.084;
15-4 (4) expenses collected under Section 89.083;
15-5 (5) fees imposed under Section 85.2021;
15-6 (6) civil penalties collected for violations of
15-7 Chapter 89 or of rules or orders relating to plugging that are
15-8 adopted under this code;
15-9 (7) proceeds collected under Sections 89.085 and
15-10 91.115;
15-11 (8) interest earned on the funds deposited in the
15-12 fund;
15-13 (9) fees collected under Section 91.104;
15-14 (10) civil penalties or costs recovered under Section
15-15 91.457 or 91.459;
15-16 (11) oil and gas waste hauler permit application fees
15-17 collected under Section 29.015, Water Code;
15-18 (12) costs recovered under Section 91.113(f);
15-19 (13) hazardous oil and gas waste generation fees
15-20 collected under Section 91.605;
15-21 (14) oil-field cleanup regulatory fees on oil
15-22 collected under Section 81.116;
15-23 (15) oil-field cleanup regulatory fees on gas
15-24 collected under Section 81.117;
15-25 (16) fees for a reissued certificate collected under
15-26 Section 85.167;
16-1 (17) fees collected under Section 91.1013;
16-2 (18) fees collected under Section 89.088;
16-3 (19) penalties collected under Section 81.0531; [and]
16-4 (20) fees collected under Section 91.142;
16-5 (21) fees collected under Section 91.1132;
16-6 (22) fees collected under Section 81.0521; and
16-7 (23) legislative appropriations.
16-8 (e) The commission, through the legislative appropriations
16-9 request process, shall establish specific performance goals for the
16-10 oil-field cleanup fund for the next biennium, including goals for
16-11 the number of:
16-12 (1) site investigations and environmental assessments
16-13 to be conducted;
16-14 (2) abandoned wells to be plugged; and
16-15 (3) surface locations to be remediated.
16-16 SECTION 14. Subsection (b), Section 91.112, Natural
16-17 Resources Code, is amended to read as follows:
16-18 (b) The commission shall submit to the legislature and make
16-19 available to the public, annually, a report that reviews the extent
16-20 to which money provided under Section 91.111 has enabled the
16-21 commission to better protect the environment and enhance the income
16-22 of the oil-field cleanup fund. The report shall include:
16-23 (1) the number of wells plugged, by region;
16-24 (2) the number of wells abandoned, by region;
16-25 (3) the number of inactive wells not currently in
16-26 compliance with commission rules, by region;
17-1 (4) the status of enforcement proceedings for all
17-2 wells in violation of commission rules and the time period during
17-3 which the wells have been in violation, by region in which the
17-4 wells are located;
17-5 (5) the number of surface locations remediated, by
17-6 region;
17-7 (6) a detailed accounting of expenditures of money in
17-8 the fund, including expenditures for site investigations and
17-9 environmental assessments, plugging of abandoned wells, remediation
17-10 of surface locations, and staff salaries and other administrative
17-11 expenses;
17-12 (7) the method by which the commission sets priorities
17-13 by which it determines the order in which abandoned wells are
17-14 plugged;
17-15 (8) [(6)] a projection of the amount of money needed
17-16 for the next biennium for conducting site investigations and
17-17 environmental assessments, plugging abandoned wells, and
17-18 remediating surface locations; and
17-19 (9) [(7)] the status of implementation of the
17-20 provisions of Section 89.085 relating to possession and sale of
17-21 equipment to recover plugging costs.
17-22 SECTION 15. Subchapter D, Chapter 91, Natural Resources
17-23 Code, is amended by adding Sections 91.1131 and 91.1132 to read as
17-24 follows:
17-25 Sec. 91.1131. RISK ASSESSMENT STANDARDS; PRIORITIZATION OF
17-26 HIGH-RISK WELLS. (a) The commission by rule shall establish risk
18-1 assessment as the guide for:
18-2 (1) conducting site investigations and environmental
18-3 assessments; and
18-4 (2) controlling and cleaning up oil and gas wastes and
18-5 other substances and materials.
18-6 (b) Rules adopted under this section must provide for:
18-7 (1) determining whether an actual or potential risk
18-8 exists at a site;
18-9 (2) screening contaminants at the site to identify
18-10 those that pose a risk;
18-11 (3) developing cleanup standards based on
18-12 contamination levels that are protective of human health and the
18-13 environment and that preserve the active and productive use of the
18-14 land; and
18-15 (4) establishing a reporting mechanism for informing
18-16 the commission regarding specific remediation activities.
18-17 (c) The commission by rule shall develop a system for:
18-18 (1) identifying abandoned wells that pose a high risk
18-19 of contaminating surface water or groundwater;
18-20 (2) periodically testing high-risk wells by conducting
18-21 a fluid level test or, if necessary, a pressure test; and
18-22 (3) giving priority to plugging high-risk wells with
18-23 compromised casings.
18-24 Sec. 91.1132. VOLUNTARY CLEANUP PROGRAM. (a) The
18-25 commission by rule shall establish a voluntary cleanup program
18-26 under which a person who is not a responsible person as defined by
19-1 Section 91.113 and who cleans up oil and gas wastes or other
19-2 substances or materials in accordance with an agreement with the
19-3 commission may receive from the commission a certificate evidencing
19-4 completion of the cleanup. On receipt of the certificate, the
19-5 person is released from all liability to the commission for cleanup
19-6 of the site covered by the certificate.
19-7 (b) A person who desires to participate in the program must
19-8 submit to the commission:
19-9 (1) an application; and
19-10 (2) an application fee in an amount set by commission
19-11 rule.
19-12 (c) The staff of the commission shall:
19-13 (1) assist a participant in the program in developing
19-14 a cleanup plan; and
19-15 (2) provide technical oversight during the cleanup.
19-16 (d) The program established under this section must be
19-17 consistent with rules adopted under Section 91.1131.
19-18 SECTION 16. Subsection (e), Section 91.142, Natural
19-19 Resources Code, is amended to read as follows:
19-20 (e)(1) The commission shall require an entity described by
19-21 Subsection (a) of this section to refile an organization report
19-22 annually according to a schedule established by the commission.
19-23 The maximum annual fee for any single organization report filing
19-24 shall be $1,000.
19-25 (2) The commission shall require the following annual
19-26 fees with the filing of each organization report: $300 for
20-1 operators with 1 to 25 wells, $500 for operators with 26 to 100
20-2 wells, and $1,000 for operators with 101 or more wells.
20-3 (3) For operators of natural gas pipelines as
20-4 classified by the commission, the commission shall require an
20-5 annual fee with the filing of each organizational report of $100.
20-6 (4) For operators of service activities or facilities
20-7 including liquids pipelines as classified by the commission without
20-8 wells, the commission shall require an annual fee with the filing
20-9 of each organizational report of no less than $300 and no more than
20-10 $500 as determined by the commission.
20-11 (5) For operators of both service activities or
20-12 facilities including liquids pipelines and wells, as classified by
20-13 the commission, the commission shall require an annual fee with the
20-14 filing of each organizational report based on the sum of the fees
20-15 required by this subsection of no less than $300 and no more than
20-16 $1,000 as determined by the commission.
20-17 SECTION 17. Section 81.0521, Natural Resources Code, is
20-18 amended to read as follows:
20-19 Sec. 81.0521. FEE FOR APPLICATION FOR EXCEPTION TO RAILROAD
20-20 COMMISSION RULE. (a) With each application for an exception to
20-21 any commission rule contained in Chapter 3 of Part I of Title 16 of
20-22 the Texas Administrative Code, the applicant shall submit to the
20-23 commission a fee of $150 [$50].
20-24 (b) The application fee for an exception to any commission
20-25 rule may not be refunded.
20-26 (c) Two-thirds of the proceeds from this fee, including any
21-1 penalties collected in connection with the fee, shall be deposited
21-2 to the oil-field cleanup fund as provided by Section 91.111.
21-3 SECTION 18. Subsections (a) and (b), Section 91.1013,
21-4 Natural Resources Code, are amended to read as follows:
21-5 (a) With each application for a fluid injection well permit,
21-6 the applicant shall submit to the commission a nonrefundable fee of
21-7 $200 [$100]. In this section, "fluid injection well" means any
21-8 well used to inject fluid or gas into the ground in connection with
21-9 the exploration or production of oil or gas other than an oil and
21-10 gas waste disposal well regulated by the commission pursuant to
21-11 Chapter 27, Water Code.
21-12 (b) With each application for a permit to discharge to
21-13 surface water under this chapter and commission rules, other than a
21-14 permit for a discharge that meets National Pollutant Discharge
21-15 Elimination System requirements for agricultural or wildlife use,
21-16 the applicant shall submit to the commission a nonrefundable fee of
21-17 $300 [$200].
21-18 SECTION 19. Sections 113.011, 113.014, 113.015, 113.0511,
21-19 and 113.082, Natural Resources Code, are amended to read as
21-20 follows:
21-21 Sec. 113.011. REGULATION OF LIQUEFIED PETROLEUM GAS
21-22 ACTIVITIES. The commission shall administer and enforce the laws
21-23 of this state and the rules and standards of the commission
21-24 relating to liquefied petroleum gas [DIVISION. There is created
21-25 and organized a separate and distinct division of the commission
21-26 known as the liquefied petroleum gas division or the LPG division].
22-1 Sec. 113.014. EMPLOYEES. Sufficient employees shall be
22-2 provided [to the LPG division] for the enforcement of this chapter.
22-3 Sec. 113.015. FUNDS FOR FINANCING REGULATION OF LPG
22-4 ACTIVITIES [DIVISION]. The commission shall look only to the
22-5 revenue derived from the operation of this chapter and appropriated
22-6 by the legislature for expenses of regulating [conducting the]
22-7 liquefied petroleum gas activities [division] and administering
22-8 this chapter. [The LPG examination fund is established in the
22-9 state treasury to be used to pay the costs of training, including
22-10 examinations, seminars, and continuing education programs,
22-11 administered or sponsored by the commission pursuant to Sections
22-12 113.087 and 113.088 of this code. All fees collected pursuant to
22-13 Sections 113.088 and 113.090(c) of this code relating to training
22-14 or registration for qualification to perform LPG-related activities
22-15 shall be credited to this fund. There is hereby appropriated from
22-16 the fund to the commission all such fees collected.]
22-17 Sec. 113.0511. LIMITATIONS ON RULEMAKING AUTHORITY.
22-18 (a) The commission may not adopt rules restricting advertising or
22-19 competitive bidding [or advertising] by a licensee [person
22-20 regulated by the commission] except to prohibit false, misleading,
22-21 or deceptive practices [by the person].
22-22 (b) In its [The commission may not include in any] rules to
22-23 prohibit false, misleading, or deceptive practices, the commission
22-24 may not include [by a person regulated by the commission] a rule
22-25 that:
22-26 (1) restricts the [person's] use of any medium for
23-1 advertising;
23-2 (2) restricts the use of a licensee's [person's]
23-3 personal appearance or [use of his] voice in an advertisement;
23-4 (3) relates to the size or duration of an
23-5 advertisement by the licensee [person]; or
23-6 (4) restricts the licensee's [person's] advertisement
23-7 under a trade name.
23-8 Sec. 113.082. CATEGORIES OF LPG ACTIVITIES [LICENSEE]; FEES.
23-9 (a) A prospective licensee in LPG may apply to the commission [LPG
23-10 division] for a license to engage in any one or more of the
23-11 following categories of LPG activities:
23-12 (1) [(A)] container manufacturers/fabricators: the
23-13 manufacture, fabrication, assembly, repair, installation,
23-14 subframing, testing, and sale of LPG containers, including LPG
23-15 motor or mobile fuel containers and systems, and the repair and
23-16 installation of transport and transfer systems[; and the category
23-17 "A" application and original license fee is an amount not to exceed
23-18 $1,000 as determined by the commission; the annual renewal license
23-19 fee is an amount not to exceed $600 as determined by the
23-20 commission];
23-21 (2) [(B)] transport outfitters: the subframing,
23-22 testing, and sale of LPG transport containers, the testing of LPG
23-23 storage containers, the installation, testing, and sale of LPG
23-24 motor or mobile fuel containers and systems, and the installation
23-25 and repair of transport systems, and motor or mobile fuel systems[;
23-26 the category "B" application and original license fee is an amount
24-1 not to exceed $400 as determined by the commission; the annual
24-2 renewal license fee is an amount not to exceed $200 as determined
24-3 by the commission];
24-4 (3) [(C)] carriers: the transportation of LPG by
24-5 transport, including the loading and unloading of LPG, and the
24-6 installation and repair of transport systems[; the category "C"
24-7 application and original license fee is an amount not to exceed
24-8 $1,000 as determined by the commission; the annual renewal license
24-9 fee is an amount not to exceed $300 as determined by the
24-10 commission];
24-11 (4) [(D)] general installers and repairmen: the sale,
24-12 service, and installation of containers, excluding motor fuel
24-13 containers, and the service, installation, and repair of piping,
24-14 certain appliances as defined by rule, excluding recreational
24-15 vehicle appliances and LPG systems, excluding motor fuel and
24-16 recreational vehicle systems[; the category "D" application and
24-17 original license fee is an amount not to exceed $100 as determined
24-18 by the commission; the annual renewal license fee is an amount not
24-19 to exceed $70 as determined by the commission];
24-20 (5) [(E)] retail and wholesale dealers: the storage,
24-21 sale, transportation, and distribution of LPG at retail and
24-22 wholesale, and all other activities included in this section except
24-23 the manufacture, fabrication, assembly, repair, subframing, and
24-24 testing of LPG containers, and except the sale and installation of
24-25 LPG motor or mobile fuel systems that have an engine with a rating
24-26 of more than 25 horsepower[; the category "E" application and
25-1 original license fee is an amount not to exceed $750 as determined
25-2 by the commission; the annual renewal license fee is an amount not
25-3 to exceed $300 as determined by the commission];
25-4 (6) [(F)] cylinder filling: the operation of a
25-5 cylinder-filling facility, including cylinder filling, the sale of
25-6 LPG in cylinders, and the replacement of a cylinder valve[; the
25-7 category "F" application and original license fee is an amount not
25-8 to exceed $100 as determined by the commission; the annual renewal
25-9 license fee is an amount not to exceed $50 as determined by the
25-10 commission];
25-11 (7) [(G)] service station: the operation of an LPG
25-12 service station filling ASME containers designed for motor and
25-13 mobile fuel[; the category "G" application and original license fee
25-14 is an amount not to exceed $100 as determined by the commission;
25-15 the annual renewal license fee is an amount not to exceed $50 as
25-16 determined by the commission];
25-17 (8) [(H)] cylinder dealers: the transportation and
25-18 sale of LPG in cylinders[; the category "H" application and
25-19 original license fee is an amount not to exceed $1,000 as
25-20 determined by the commission; the annual renewal license fee is an
25-21 amount not to exceed $300 as determined by the commission];
25-22 (9) [(I)] service station and cylinder filling: any
25-23 service station and cylinder activity set out in Subdivisions (6)
25-24 and (7) [categories "F" and "G" of this section; the category "I"
25-25 application and original license fee is an amount not to exceed
25-26 $150 as determined by the commission; the annual renewal license
26-1 fee is an amount not to exceed $70 as determined by the
26-2 commission];
26-3 (10) [(J)] service station and cylinder facilities:
26-4 the operation of a cylinder-filling facility, including cylinder
26-5 filling and the sale, transportation, installation, and connection
26-6 of LPG in cylinders, the replacement of cylinder valves, and the
26-7 operation of an LPG service station as set out in Subdivision (7)
26-8 [category "G"; the category "J" application and original license
26-9 fee is an amount not to exceed $1,000 as determined by the
26-10 commission; the annual renewal license fee is an amount not to
26-11 exceed $300 as determined by the commission];
26-12 (11) [(K)] distribution system: the sale and
26-13 distribution of LPG through mains or pipes and the installation and
26-14 repair of LPG systems[; the category "K" application and original
26-15 license fee is an amount not to exceed $1,000 as determined by the
26-16 commission; the annual renewal license fee is an amount not to
26-17 exceed $300 as determined by the commission];
26-18 (12) [(L)] engine fuel: the sale and installation of
26-19 LPG motor or mobile fuel containers, and the sale and installation
26-20 of LPG motor or mobile fuel systems[; the category "L" application
26-21 and original license fee is an amount not to exceed $100 as
26-22 determined by the commission; the annual renewal license fee is an
26-23 amount not to exceed $50 as determined by the commission];
26-24 (13) [(M)] recreational vehicle installers and
26-25 repairmen: the sale, service, and installation of recreational
26-26 vehicle containers, and the installation, repair, and service of
27-1 recreational vehicle appliances, piping, and LPG systems, including
27-2 recreational vehicle motor or mobile fuel systems and containers[;
27-3 the category "M" application and original license fee is an amount
27-4 not to exceed $100 as determined by the commission; the annual
27-5 renewal license fee is an amount not to exceed $70 as determined by
27-6 the commission];
27-7 (14) [(N)] manufactured housing installers and
27-8 repairmen: the service and installation of containers that supply
27-9 fuel to manufactured housing, and the installation, repair, and
27-10 service of appliances and piping systems for manufactured housing[;
27-11 the category "N" application and original license fee is an amount
27-12 not to exceed $100 as determined by the commission; the annual
27-13 renewal license fee is an amount not to exceed $70 as determined by
27-14 the commission];
27-15 (15) [(O)] testing laboratory: the testing of an
27-16 LP-gas container, LP-gas motor fuel systems or mobile fuel systems,
27-17 transfer systems, and transport systems for the purpose of
27-18 determining the safety of the container or systems for LP-gas
27-19 service, including the necessary installation, disconnection,
27-20 reconnecting, testing, and repair of LPG motor fuel systems or
27-21 mobile fuel systems, transfer systems, and transport systems
27-22 involved in the testing of containers; [the category "O"
27-23 application and original license fee is an amount not to exceed
27-24 $400 as determined by the commission; the annual renewal license
27-25 fee is an amount not to exceed $100 as determined by the
27-26 commission;] or
28-1 (16) [(P)] portable cylinder exchange: the operation
28-2 of a portable cylinder exchange service, where the sale of LP-gas
28-3 is within a portable cylinder with an LP-gas capacity not to exceed
28-4 21 pounds; the portable cylinders are not filled on site, and no
28-5 other LP-gas activity requiring a license is conducted[; the
28-6 category "P" application and original license fee is an amount not
28-7 to exceed $100 as determined by the commission; the annual renewal
28-8 license fee is an amount not to exceed $50 as determined by the
28-9 commission].
28-10 (b) The commission by rule shall establish reasonable
28-11 application and original license fees and renewal fees for each
28-12 type of license listed in this section.
28-13 SECTION 20. Subsections (b) and (c), Section 113.084,
28-14 Natural Resources Code, are amended to read as follows:
28-15 (b) A prospective licensee shall submit the required
28-16 application together with the original nonrefundable license fee
28-17 established by the commission under [required by] Section 113.082
28-18 [of this code] for each type of license [category] for which an [a
28-19 license] application is made. The applicant shall submit
28-20 additional information and data with each application as the
28-21 commission may reasonably require.
28-22 (c) A licensee shall submit the nonrefundable renewal fee
28-23 for each type of [category for which] license [is] sought along
28-24 with information and data the commission may reasonably require.
28-25 SECTION 21. Section 113.087, Natural Resources Code, is
28-26 amended by amending Subsections (b), (c), and (i) through (m) and
29-1 adding Subsections (n) and (o) to read as follows:
29-2 (b) Before license issuance, the commission shall require
29-3 the individual designated as the licensee's representative to the
29-4 commission to provide good and sufficient proof through examination
29-5 prepared and administered by the commission of working knowledge of
29-6 this chapter and rules of the commission which affect the type
29-7 [category] of license for which application is made. Thereafter,
29-8 each licensee shall maintain a qualified representative at all
29-9 times.
29-10 (c) Each individual who will be actively supervising those
29-11 operations requiring any license under this chapter at any outlet
29-12 or location, as designated by the commission, shall be required to
29-13 provide good and sufficient proof through examination prepared and
29-14 administered by the commission that the supervisor has a working
29-15 knowledge of the safety requirements and penalties in this chapter
29-16 and the rules of the commission which apply to that type [category]
29-17 of license.
29-18 (i) Not later than the 30th day after the date a person
29-19 takes a licensing [on which an] examination [is administered] under
29-20 this chapter [section], the commission shall notify the person
29-21 [each examinee] of the results of the examination.
29-22 (j) If the examination is graded or reviewed by a testing
29-23 service:
29-24 (1) the commission shall notify the person of the
29-25 results of the examination not later than the 14th day after the
29-26 date the commission receives the results from the testing service;
30-1 and
30-2 (2) if notice of the examination results will be
30-3 delayed for longer than 90 days after the examination date, the
30-4 commission shall notify the person [examinee] of the reason for the
30-5 delay before the 90th day.
30-6 (k) The commission may require a testing service to notify a
30-7 person of the results of the person's examination.
30-8 (l) [(j)] If requested in writing by a person who fails a
30-9 [the] licensing examination administered under this chapter
30-10 [section], the commission shall furnish the person with an analysis
30-11 of the person's performance on the examination.
30-12 (m) [(k)] The commission, by appropriate rule, shall [may]
30-13 require, in addition to examination requirements as set out in
30-14 Subsections (b), (c), and (d) of this section:
30-15 (1) an examination for technical competence that is
30-16 validated by a recognized educational testing organization or
30-17 similar organization; or
30-18 (2) attendance at approved academic, trade,
30-19 professional, or commission-sponsored seminars, other continuing
30-20 education programs, and periodic reexaminations.
30-21 (n) [(l)] Prior to qualifying an individual to perform
30-22 LP-gas work, the commission may establish by rule an initial course
30-23 of instruction for any person who has not yet passed the [category
30-24 of] examination for the LPG activity for which the person seeks
30-25 qualification; for any person who has not maintained qualified
30-26 status, as defined by rule; and for any person whose certification
31-1 has been revoked pursuant to Subchapter F of this code. If an
31-2 initial course of instruction is established by the commission, it
31-3 shall be available at least once every 180 [90] days.
31-4 (o) [(m)] The commission by rule may exempt from any
31-5 provision of this section:
31-6 (1) a journeyman or master plumber licensed by the
31-7 Texas State Board of Plumbing Examiners;
31-8 (2) a person licensed under the Air Conditioning and
31-9 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
31-10 Civil Statutes); or
31-11 (3) company representatives, operations supervisors,
31-12 or employees of a testing laboratory that was registered under
31-13 Section 113.135 prior to the effective date of this subsection.
31-14 SECTION 22. Subsections (a) and (c), Section 113.089,
31-15 Natural Resources Code, are amended to read as follows:
31-16 (a) If application is made for a license under [category "E"
31-17 of] Section 113.082(a)(5) [113.082 of this code] or for any other
31-18 type of license [category] specified by commission rule, the
31-19 commission, in addition to other requirements, shall have an actual
31-20 inspection conducted of any and all facilities, bulk storage
31-21 equipment, transportation equipment, and dispensing equipment of
31-22 the applicant to verify satisfactory compliance with all current
31-23 safety laws, rules, and practices. The inspection may be waived by
31-24 the commission on an application resulting solely from a change in
31-25 legal entities under which a current licensee operates.
31-26 (c) A [category "E"] license under Section 113.082(a)(5) and
32-1 any other type of license specified by commission rule shall not be
32-2 issued until the inspection under Subsection (a) of this section
32-3 verifies the applicant to be in satisfactory compliance with all
32-4 current safety laws, rules, and practices.
32-5 SECTION 23. Subsections (a) and (b), Section 113.090,
32-6 Natural Resources Code, are amended to read as follows:
32-7 (a) The commission by rule may establish reasonable fees for
32-8 the review of site applications [examination of plans and
32-9 specifications] related to the installation of containers when site
32-10 applications [plans and specifications] are reviewed by the
32-11 commission before such installation is placed into LP-gas service.
32-12 (b) The commission by rule may establish reasonable fees for
32-13 recording the location of containers at public buildings and
32-14 commercial installations when prior approval of site applications
32-15 [plans and specifications] is not required.
32-16 SECTION 24. Subsections (b), (c), and (d), Section 113.091,
32-17 Natural Resources Code, are amended to read as follows:
32-18 (b) Within 30 days of the notice of denial, an applicant for
32-19 license under this chapter who is denied a license may request a
32-20 hearing to determine whether or not the applicant has complied in
32-21 all respects with the licensing procedure applicable to each type
32-22 [the category or categories] of license sought. The applicant's
32-23 request for hearing must be in writing and delivered to the
32-24 commission [director of the LP-gas division].
32-25 (c) A hearing to determine an applicant's compliance with
32-26 the licensing procedure applicable to each type [the category or
33-1 categories] of license sought must be scheduled within 30 days
33-2 following receipt of a request under Subsection (b) of this
33-3 section.
33-4 (d) If the record made at the hearing supports the
33-5 applicant's claim, the commission shall enter an order in its
33-6 records to that effect, noting each type of license to [the
33-7 category or categories for] which the applicant is found entitled
33-8 [to be licensed], and the commission shall have the license or
33-9 licenses issued. If the applicant is found unqualified, the
33-10 commission shall likewise enter an order in its records to that
33-11 effect, and no license may be issued to the applicant.
33-12 SECTION 25. Section 113.093, Natural Resources Code, is
33-13 amended to read as follows:
33-14 Sec. 113.093. LICENSE RENEWAL. (a) A person who is
33-15 otherwise eligible to renew a license may renew an unexpired
33-16 license by paying the required [issued pursuant to this chapter is
33-17 renewable on the timely payment or tender of the] renewal [license]
33-18 fee to the commission before the expiration date of the license
33-19 [each year]. A person whose license has expired may not engage in
33-20 activities that require a license until the license has been
33-21 renewed.
33-22 (b) A person whose [If a person's] license has been expired
33-23 for [not longer than] 90 days or less[, the person] may renew the
33-24 license by paying to the commission a [the required] renewal fee
33-25 that is equal to 1-1/2 times the normally required [and a fee that
33-26 is one-half of the amount of the] renewal fee [for the license].
34-1 (c) A person whose [If a person's] license has been expired
34-2 for more [longer] than 90 days but less than one year [two years,
34-3 the person] may renew the license by paying to the commission a
34-4 [all unpaid] renewal [fees and a] fee that is equal to two times
34-5 the normally required [the amount of the unpaid] renewal fee [fees
34-6 for the license].
34-7 (d) A person whose [If a person's] license has been expired
34-8 for one year [two years] or more [longer, the person] may not renew
34-9 the license. The person may obtain a new license by complying with
34-10 the requirements and procedures, including the examination
34-11 requirements, for obtaining an original license.
34-12 (e) A person who was licensed in this state, moved to
34-13 another state, and is currently licensed and has been in practice
34-14 in the other state for the two years preceding the date of
34-15 application may obtain a new license without reexamination. The
34-16 person must pay to the commission a fee that is equal to two times
34-17 the normally required renewal fee for the license.
34-18 (f) Not later than the 30th day before the date a person's
34-19 license is scheduled to expire, the commission shall send written
34-20 notice of the impending expiration to the person at the person's
34-21 last known address according to the records of the commission.
34-22 (g) A renewal license will be issued to a licensee as soon
34-23 as is practicable after compliance with this section, and
34-24 fulfillment of insurance, examination, and seminar requirements
34-25 established by this chapter, and submission of any information and
34-26 data the commission may reasonably require.
35-1 (h) [(f)] Renewal [license] fees shall be nonrefundable.
35-2 [(g) At least 15 days before the expiration of a person's
35-3 license the commission shall notify the person in writing of the
35-4 impending license expiration and shall attempt to obtain from the
35-5 person a signed receipt confirming receipt of the notice.]
35-6 SECTION 26. Subchapter D, Chapter 113, Natural Resources
35-7 Code, is amended by adding Section 113.096 to read as follows:
35-8 Sec. 113.096. PROVISIONAL LICENSE. (a) The commission may
35-9 issue a provisional license to an applicant currently licensed in
35-10 another jurisdiction who seeks a license in this state and who:
35-11 (1) has been licensed in good standing for at least
35-12 two years in another jurisdiction, including a foreign country,
35-13 that has licensing requirements substantially equivalent to the
35-14 requirements of this chapter;
35-15 (2) has passed a national or other examination
35-16 recognized by the commission relating to the activities regulated
35-17 under this chapter; and
35-18 (3) is sponsored by a person licensed by the
35-19 commission under this chapter with whom the provisional license
35-20 holder will practice during the time the person holds a provisional
35-21 license.
35-22 (b) The commission may waive the requirement of Subsection
35-23 (a)(3) for an applicant if the commission determines that
35-24 compliance with that subsection would be a hardship to the
35-25 applicant.
35-26 (c) A provisional license is valid until the date the
36-1 commission approves or denies the provisional license holder's
36-2 application for a license. The commission shall issue a license
36-3 under this chapter to the provisional license holder if:
36-4 (1) the provisional license holder is eligible to be
36-5 licensed under Section 113.095; or
36-6 (2) the provisional license holder:
36-7 (A) passes the part of the examination under
36-8 Section 113.087 that relates to the applicant's knowledge and
36-9 understanding of the laws and rules relating to the activities
36-10 regulated under this chapter in this state;
36-11 (B) meets the academic and experience
36-12 requirements for a license under this chapter; and
36-13 (C) satisfies any other licensing requirements
36-14 under this chapter.
36-15 (d) The commission must approve or deny a provisional
36-16 license holder's application for a license not later than the 180th
36-17 day after the date the provisional license is issued. The
36-18 commission may extend the 180-day period if the results of an
36-19 examination have not been received by the commission before the end
36-20 of that period.
36-21 (e) The commission may establish a fee for provisional
36-22 licenses in an amount reasonable and necessary to cover the cost of
36-23 issuing the license.
36-24 SECTION 27. Subsections (d) and (h), Section 113.097,
36-25 Natural Resources Code, are amended to read as follows:
36-26 (d) Each [category "C," "E," "H," or "J"] licensee under
37-1 Section 113.082(a)(3), (5), (8), or (10) must carry motor vehicle
37-2 bodily injury and property damage liability coverage on each motor
37-3 vehicle, including trailers and semitrailers, used to transport
37-4 LP-gas. The commission shall establish by rule a reasonable amount
37-5 of coverage to be maintained, except that coverage shall not be
37-6 less than the amounts required as evidence of financial
37-7 responsibility under Chapter 601, Transportation Code.
37-8 (h) As required by commission rule, a [category "A," "B,"
37-9 "C," "E," or "O"] licensee under Section 113.082(a)(1), (2), (3),
37-10 (5), or (15) must carry completed operations or products liability
37-11 insurance, or both, in a reasonable amount, based on the type or
37-12 types of licensed activities.
37-13 SECTION 28. Subsections (a) and (c), Section 113.098,
37-14 Natural Resources Code, are amended to read as follows:
37-15 (a) As evidence that required insurance has been secured and
37-16 is in force, certificates of insurance which are approved by the
37-17 commission [division] shall be filed with the commission [division]
37-18 before licensing, license renewal, and during the entire period
37-19 that the license is in effect. Any document filed with the
37-20 commission [division] in a timely manner which is not completed in
37-21 accordance with the instructions indicated on the insurance
37-22 certificate forms supplied by the commission [division], but which
37-23 complies with the substantive requirements of this section and with
37-24 the rules adopted under this section may be considered by the
37-25 commission [division] to be evidence that required insurance has
37-26 been secured and is in force for a temporary period not to exceed
38-1 45 days. During this temporary period, a licensee shall file with
38-2 the commission [division] an amended certificate of insurance which
38-3 complies with all procedural and substantive requirements of this
38-4 section and the rules adopted hereunder.
38-5 (c) Cancellation of a certificate of insurance becomes
38-6 effective on the occurrence of any of the following events and not
38-7 before:
38-8 (1) commission [division] receipt of written notice
38-9 stating the insurer's intent to cancel a policy of insurance and
38-10 the passage of time equivalent to the notice period required by law
38-11 to be given the insured before the insurance cancellation;
38-12 (2) receipt by the commission [division] of an
38-13 acceptable replacement insurance certificate;
38-14 (3) voluntary surrender of a license and the rights
38-15 and privileges conferred by the license;
38-16 (4) commission [division] receipt of a statement made
38-17 by a licensee stating that the licensee is not actively engaging in
38-18 any operations which require a particular type of insurance and
38-19 will not engage in those operations unless and until all
38-20 certificates of required insurance applicable to those operations
38-21 are filed with the commission [division]; or
38-22 (5) written order of commission.
38-23 SECTION 29. Subsections (a) through (d), Section 113.099,
38-24 Natural Resources Code, are amended to read as follows:
38-25 (a) A [category "C," "E," "H," or "J"] licensee or an
38-26 applicant for a license under Sections 113.082(a)(3), (5), (8), or
39-1 (10) that does not operate or contemplate the operation of a motor
39-2 vehicle equipped with an LP-gas cargo container and does not
39-3 transport or contemplate the transportation of LP-gas by vehicle in
39-4 any manner, may make and file with the commission [division] a
39-5 statement to that effect in lieu of filing a certificate of motor
39-6 vehicle bodily injury and property damage insurance.
39-7 (b) A licensee or an applicant for a license that does not
39-8 engage in or contemplate engaging in any operations which would be
39-9 covered by general liability insurance for a period of time may
39-10 make and file with the commission [division] a statement to that
39-11 effect in lieu of filing a certificate of general liability
39-12 insurance.
39-13 (c) A licensee or an applicant for a license that does not
39-14 employ or contemplate the hiring of an employee or employees to be
39-15 engaged in LPG-related activities in this state may make and file
39-16 with the commission [division] a statement to that effect in lieu
39-17 of filing evidence of coverage of workers' compensation or other
39-18 alternative form of coverage as provided in this subchapter.
39-19 (d) A [category "A," "B," "C," "E," or "O"] licensee or an
39-20 applicant for a license under Section 113.082(a)(1), (2), (3), (5),
39-21 or (15) that does not engage in or contemplate engaging in any
39-22 LP-gas operations which would be covered by completed operations or
39-23 products liability insurance, or both, for a period of time may
39-24 make and file with the commission [division] a statement to that
39-25 effect in lieu of filing a certificate of insurance.
39-26 SECTION 30. The heading to Subchapter F, Chapter 113,
40-1 Natural Resources Code, is amended to read as follows:
40-2 SUBCHAPTER F. DISCIPLINARY ACTION [SUSPENSION AND REVOCATION OF
40-3 LICENSES AND REGISTRATIONS]
40-4 SECTION 31. Subsection (e), Section 113.161, Natural
40-5 Resources Code, is amended to read as follows:
40-6 (e) If the commission [or division] determines that the
40-7 probable violation or noncompliance constitutes an immediate danger
40-8 to the public health, safety, and welfare, it shall require the
40-9 immediate cessation of the probable violation or noncompliance and
40-10 proceed with a hearing as provided in Section 113.162 of this code.
40-11 SECTION 32. Section 113.163, Natural Resources Code, is
40-12 amended to read as follows:
40-13 Sec. 113.163. FINDINGS AND JUDGMENT. (a) The [If the]
40-14 commission shall revoke, suspend, or refuse to renew a license or
40-15 registration or shall reprimand a licensee or registrant if the
40-16 commission finds that the licensee or registrant has violated or
40-17 failed to comply with or is violating or failing to comply with
40-18 this chapter or a rule or standard promulgated and adopted under
40-19 this chapter[, or both, the commission may suspend the license or
40-20 registration for a definite period not to exceed 90 days or may
40-21 revoke the license or registration. If the commission determines
40-22 that no violation has occurred or is occurring, its order shall so
40-23 state. Whenever a license or registration is revoked by order of
40-24 the commission, a new license or registration shall not be issued
40-25 for at least 90 days from the effective date of the order. Such
40-26 time period shall be stated in the order].
41-1 (b) The commission may place on probation a person whose
41-2 license or registration is [has been] suspended. If a license or
41-3 registration suspension is probated, the commission may require the
41-4 person:
41-5 (1) to report regularly to the commission on matters
41-6 that are the basis of the probation;
41-7 (2) to limit practice to the areas prescribed by the
41-8 commission; or
41-9 (3) to continue or review professional education until
41-10 the person attains a degree of skill satisfactory to the commission
41-11 in those areas that are the basis of the [under Subsection (a) of
41-12 this section for a definite period not to exceed one year, but if
41-13 the commission does place the licensee or registrant on probation
41-14 and does allow him to continue to operate, the fact that the
41-15 license or registration has been suspended and the licensee or
41-16 registrant has been put on probation shall appear in the records of
41-17 the commission relating to the suspension and] probation.
41-18 SECTION 33. Subsection (b), Section 113.233, Natural
41-19 Resources Code, is amended to read as follows:
41-20 (b) Any authorized representative of the commission [LP-Gas
41-21 Division] may enter any buildings or premises where an accident has
41-22 occurred in which LP-gas was a probable cause for purposes of
41-23 investigating the cause, origin, and circumstances of such
41-24 accident. The commission [LP-Gas Division] may request that any
41-25 state or local authority having jurisdiction take appropriate
41-26 action, to the extent permitted by law, as may be necessary for
42-1 preservation of property and premises.
42-2 SECTION 34. Subsection (b), Section 113.243, Natural
42-3 Resources Code, as amended by Section 2, Chapter 496, Acts of the
42-4 75th Legislature, Regular Session, 1997, is amended to read as
42-5 follows:
42-6 (b) The fund consists of money from:
42-7 (1) fees charged under this subchapter;
42-8 (2) the penalties for the late payment of the fee
42-9 charged under this subchapter;
42-10 (3) gifts, grants, or other assistance received by the
42-11 commission from any source for the purposes of this subchapter;
42-12 (4) interest earned on amounts in the fund;
42-13 (5) amounts collected by the commission under an
42-14 agreement with another state in accordance with Section 113.246(e);
42-15 [and]
42-16 (6) assessments, rebates on assessments, and other
42-17 money collected by the commission under the Propane Education and
42-18 Research Act of 1996 (15 U.S.C. Section 6401 et seq.) or other
42-19 applicable federal law; and
42-20 (7) fees, royalties, or other things of value received
42-21 from the items described by Subsections (f)(1)(A)-(D).
42-22 SECTION 35. Section 113.243, Natural Resources Code, is
42-23 amended by amending Subsections (c) and (d) and adding Subsections
42-24 (f) and (g) to read as follows:
42-25 (c) The fund may be used only by the commission to pay for
42-26 activities relating to the specific fuel from which the fee,
43-1 royalty, or other thing of value was derived or the specific fuel,
43-2 if any, for which the gift, grant, or other assistance is given,
43-3 including direct and indirect costs relating to:
43-4 (1) researching all possible uses of LPG and other
43-5 environmentally beneficial alternative fuels to enhance air
43-6 quality;
43-7 (2) researching, developing, and implementing
43-8 marketing, advertising, and informational programs relating to
43-9 alternative fuels to make alternative fuels more understandable and
43-10 readily available to consumers;
43-11 (3) developing and implementing conservation and
43-12 distribution plans to minimize the frequency and severity of
43-13 disruptions in the supply of alternative fuels;
43-14 (4) developing a public information plan that will
43-15 provide advisory services relating to alternative fuels to
43-16 consumers;
43-17 (5) developing voluntary participation plans to
43-18 promote the use of alternative fuels by federal, state, and local
43-19 agencies;
43-20 (6) implementing consumer incentive or rebate programs
43-21 developed pursuant to Section 113.2435 of this subchapter;
43-22 (7) other functions the commission determines are
43-23 necessary to add a program established by the commission for the
43-24 purpose of promoting the use of LPG or other environmentally
43-25 beneficial alternative fuels; and
43-26 (8) the administrative costs incurred by the
44-1 commission under this subchapter.
44-2 (d) If a specific fee, royalty, gift, grant, other thing of
44-3 value, or other assistance is designated for or collected from
44-4 discrete components of the alternative fuels industry, the fee,
44-5 royalty, gift, grant, other thing of value, or other assistance
44-6 shall be deposited in a separate account in the fund.
44-7 (f) The commission may:
44-8 (1) apply for, register, secure, hold, and protect
44-9 under the laws of a state, the United States, or a foreign country
44-10 a patent, copyright, trademark, or other evidence of protection or
44-11 exclusivity issued for an idea, publication, or other original
44-12 innovation fixed in a tangible medium, including:
44-13 (A) a logo;
44-14 (B) a service mark;
44-15 (C) a study;
44-16 (D) an engineering, architectural, or graphic
44-17 design;
44-18 (E) a manual;
44-19 (F) automated systems software;
44-20 (G) an audiovisual work; or
44-21 (H) a sound recording;
44-22 (2) enter into a license agreement with a third party
44-23 in return for a fee, royalty, or other thing of value; and
44-24 (3) waive or reduce the amount of a fee, royalty, or
44-25 other thing of value to be assessed if the commission determines
44-26 that the waiver will:
45-1 (A) further the goals and missions of the
45-2 commission's division responsible for alternative fuels research
45-3 and education; and
45-4 (B) result in a net benefit to the state.
45-5 (g) Money received under Subsection (f) shall be deposited
45-6 in a separate account in the fund as provided by Subsection (d),
45-7 except that any money received by the commission from the items
45-8 described by Subsections (f)(1)(E)-(H) shall be deposited in the
45-9 general revenue fund.
45-10 SECTION 36. Subchapter J, Chapter 113, Natural Resources
45-11 Code, as added by Chapter 80, Acts of the 73rd Legislature, Regular
45-12 Session, 1993, is redesignated as Subchapter K, and the heading to
45-13 that subchapter is amended to read as follows:
45-14 SUBCHAPTER K [J]. LIABILITY OF LICENSE HOLDER
45-15 SECTION 37. Subchapter B, Chapter 116, Natural Resources
45-16 Code, is amended by adding Section 116.016 to read as follows:
45-17 Sec. 116.016. LIMITATIONS ON RULEMAKING AUTHORITY. (a) The
45-18 commission may not adopt rules restricting advertising or
45-19 competitive bidding by a licensee or registrant except to prohibit
45-20 false, misleading, or deceptive practices.
45-21 (b) In its rules to prohibit false, misleading, or deceptive
45-22 practices, the commission may not include a rule that:
45-23 (1) restricts the use of any medium for advertising;
45-24 (2) restricts the use of a licensee or registrant's
45-25 personal appearance or voice in an advertisement;
45-26 (3) relates to the size or duration of an
46-1 advertisement by the licensee or registrant; or
46-2 (4) restricts the licensee or registrant's
46-3 advertisement under a trade name.
46-4 SECTION 38. Subsection (b), Section 116.032, Natural
46-5 Resources Code, is amended to read as follows:
46-6 (b) The commission by rule may establish reasonable fees for
46-7 each category of license. [A license fee may not exceed $1,000.]
46-8 SECTION 39. Section 116.033, Natural Resources Code, is
46-9 amended to read as follows:
46-10 Sec. 116.033. APPLICATION AND RENEWAL PROCEDURES. (a) The
46-11 commission shall adopt rules establishing procedures for submitting
46-12 and processing applications for issuance and renewal of licenses
46-13 and for registration.
46-14 (b) A person who is otherwise eligible to renew a license or
46-15 registration may renew an unexpired license or registration by
46-16 paying the required renewal fee to the commission before the
46-17 expiration date of the license or registration. A person whose
46-18 license or registration has expired may not engage in activities
46-19 that require a license or registration until the license or
46-20 registration has been renewed.
46-21 (c) A person whose license or registration has been expired
46-22 for 90 days or less may renew the license or registration by paying
46-23 to the commission a renewal fee that is equal to 1-1/2 times the
46-24 normally required renewal fee.
46-25 (d) A person whose license or registration has been expired
46-26 for more than 90 days but less than one year may renew the license
47-1 or registration by paying to the commission a renewal fee that is
47-2 equal to two times the normally required renewal fee.
47-3 (e) A person whose license or registration has been expired
47-4 for one year or more may not renew the license or registration.
47-5 The person may obtain a new license or registration by complying
47-6 with the requirements and procedures, including the examination
47-7 requirements, for obtaining an original license or registration.
47-8 (f) A person who was licensed or registered in this state,
47-9 moved to another state, and is currently licensed or registered and
47-10 has been in practice in the other state for the two years preceding
47-11 the date of application may obtain a new license or registration
47-12 without reexamination. The person must pay to the commission a fee
47-13 that is equal to two times the normally required renewal fee for
47-14 the license or registration.
47-15 (g) Not later than the 30th day before the date a person's
47-16 license or registration is scheduled to expire, the commission
47-17 shall send written notice of the impending expiration to the person
47-18 at the person's last known address according to the records of the
47-19 commission.
47-20 SECTION 40. Section 116.034, Natural Resources Code, is
47-21 amended by adding Subsections (d) through (h) to read as follows:
47-22 (d) Not later than the 30th day after the date a person
47-23 takes a licensing or registration examination under this chapter,
47-24 the commission shall notify the person of the results of the
47-25 examination.
47-26 (e) If the examination is graded or reviewed by a testing
48-1 service:
48-2 (1) the commission shall notify the person of the
48-3 results of the examination not later than the 14th day after the
48-4 date the commission receives the results from the testing service;
48-5 and
48-6 (2) if notice of the examination results will be
48-7 delayed for longer than 90 days after the examination date, the
48-8 commission shall notify the person of the reason for the delay
48-9 before the 90th day.
48-10 (f) The commission may require a testing service to notify a
48-11 person of the results of the person's examination.
48-12 (g) If requested in writing by a person who fails a
48-13 licensing or registration examination administered under this
48-14 chapter, the commission shall furnish the person with an analysis
48-15 of the person's performance on the examination.
48-16 (h) The commission shall recognize, prepare, or administer
48-17 continuing education programs for its licensees and registrants. A
48-18 licensee or registrant must participate in the programs to the
48-19 extent required by the commission to keep the person's license.
48-20 SECTION 41. Subchapter C, Chapter 116, Natural Resources
48-21 Code, is amended by adding Sections 116.0345 and 116.0346 to read
48-22 as follows:
48-23 Sec. 116.0345. LICENSE OR REGISTRATION BY ENDORSEMENT. The
48-24 commission may waive any prerequisite to obtaining a license or
48-25 registration for an applicant after reviewing the applicant's
48-26 credentials and determining that the applicant holds a license or
49-1 registration issued by another jurisdiction that has licensing
49-2 requirements substantially equivalent to those of this state.
49-3 Sec. 116.0346. PROVISIONAL LICENSE OR REGISTRATION.
49-4 (a) The commission may issue a provisional license or registration
49-5 to an applicant currently licensed or registered in another
49-6 jurisdiction who seeks a license or registration in this state and
49-7 who:
49-8 (1) has been licensed or registered in good standing
49-9 for at least two years in another jurisdiction, including a foreign
49-10 country, that has licensing or registration requirements
49-11 substantially equivalent to the requirements of this chapter;
49-12 (2) has passed a national or other examination
49-13 recognized by the commission relating to the activities regulated
49-14 under this chapter; and
49-15 (3) is sponsored by a person licensed or registered by
49-16 the commission under this chapter with whom the provisional license
49-17 or registration holder will practice during the time the person
49-18 holds a provisional license or registration.
49-19 (b) The commission may waive the requirement of Subsection
49-20 (a)(3) for an applicant if the commission determines that
49-21 compliance with that subsection would be a hardship to the
49-22 applicant.
49-23 (c) A provisional license or registration is valid until the
49-24 date the commission approves or denies the provisional license or
49-25 registration holder's application for a license or registration.
49-26 The commission shall issue a license or registration under this
50-1 chapter to the provisional license or registration holder if:
50-2 (1) the provisional license or registration holder is
50-3 eligible to be licensed or registered under Section 116.0345; or
50-4 (2) the provisional license or registration holder:
50-5 (A) passes the part of the examination under
50-6 Section 116.034 that relates to the applicant's knowledge and
50-7 understanding of the laws and rules relating to the activities
50-8 regulated under this chapter in this state;
50-9 (B) meets the academic and experience
50-10 requirements for a license or registration under this chapter; and
50-11 (C) satisfies any other licensing or
50-12 registration requirements under this chapter.
50-13 (d) The commission must approve or deny a provisional
50-14 license or registration holder's application for a license or
50-15 registration not later than the 180th day after the date the
50-16 provisional license or registration is issued. The commission may
50-17 extend the 180-day period if the results of an examination have not
50-18 been received by the commission before the end of that period.
50-19 (e) The commission may establish a fee for provisional
50-20 licenses or registrations in an amount reasonable and necessary to
50-21 cover the cost of issuing the license or registration.
50-22 SECTION 42. The heading to Section 116.037, Natural
50-23 Resources Code, is amended to read as follows:
50-24 Sec. 116.037. DISCIPLINARY ACTION [SUSPENSION AND REVOCATION
50-25 OF LICENSE].
50-26 SECTION 43. Section 116.037, Natural Resources Code, is
51-1 amended by amending Subsections (f) and (g) and adding Subsection
51-2 (h) to read as follows:
51-3 (f) The [If the] commission shall revoke, suspend, or refuse
51-4 to renew the license or registration or shall reprimand the
51-5 licensee or registrant if the commission finds that the licensee or
51-6 registrant has violated or failed to comply with or is violating or
51-7 failing to comply with this chapter or a rule adopted under this
51-8 chapter[, the commission may suspend the license or registration
51-9 for a definite period not to exceed 90 days or may revoke the
51-10 license].
51-11 (g) The commission may place on probation a person whose
51-12 license or registration is suspended. If a license or registration
51-13 suspension is probated, the commission may require the person:
51-14 (1) to report regularly to the commission on matters
51-15 that are the basis of the probation;
51-16 (2) to limit practice to the areas prescribed by the
51-17 commission; or
51-18 (3) to continue or review professional education until
51-19 the person attains a degree of skill satisfactory to the commission
51-20 in those areas that are the basis of the probation.
51-21 (h) Any party to a proceeding before the commission is
51-22 entitled to judicial review under the substantial evidence rule.
51-23 SECTION 44. Subtitle D, Title 3, Natural Resources Code, is
51-24 amended by adding Chapter 118 to read as follows:
51-25 CHAPTER 118. PIPELINE ASSESSMENT AND TESTING
51-26 Sec. 118.001. AUTHORITY TO REQUIRE PLAN FOR PIPELINE
52-1 ASSESSMENT OR TESTING. (a) The Railroad Commission of Texas by
52-2 rule may require an operator to file for commission approval a plan
52-3 for assessment or testing of a pipeline if the commission finds
52-4 that:
52-5 (1) there is reason to believe that the pipeline may
52-6 present a hazard to public health or safety;
52-7 (2) the commission lacks adequate information to
52-8 assess the risk to public health or safety presented by the
52-9 pipeline; or
52-10 (3) a plan is necessary for the commission to initiate
52-11 or complete a pipeline safety investigation.
52-12 (b) The Railroad Commission of Texas may take enforcement
52-13 action against a person who fails to:
52-14 (1) submit a required plan; or
52-15 (2) participate in a pipeline safety investigation.
52-16 Sec. 118.002. PIPELINES FOR WHICH PLAN MAY BE REQUIRED. The
52-17 rules adopted under this chapter may apply to interstate pipelines,
52-18 intrastate pipelines, portions of pipeline systems the regulation
52-19 of which the federal government has temporarily delegated to the
52-20 Railroad Commission of Texas, or gathering lines, and to pipelines
52-21 for the transportation of any substance or material under the
52-22 jurisdiction of the commission, as specified by the commission.
52-23 Sec. 118.003. CONTENTS OF PLAN. The rules adopted under
52-24 this chapter may require that a plan include:
52-25 (1) an identification of risk factors associated with
52-26 a pipeline system, including population density;
53-1 (2) information about prior inspections and
53-2 maintenance;
53-3 (3) information about pressure tests;
53-4 (4) information about leaks;
53-5 (5) information about operating characteristics;
53-6 (6) information about corrosion protection methods;
53-7 and
53-8 (7) other information that may assist the Railroad
53-9 Commission of Texas in assessing the risk to public health or
53-10 safety presented by the pipeline.
53-11 Sec. 118.004. APPROVAL OF PLAN. The Railroad Commission of
53-12 Texas may approve a plan that complies with rules adopted under
53-13 this chapter.
53-14 Sec. 118.005. CONSEQUENCES OF PLAN APPROVAL. The approval
53-15 of a plan by the Railroad Commission of Texas does not constitute a
53-16 certification or representation that the pipeline is in compliance
53-17 with or exempt from applicable safety standards.
53-18 SECTION 45. Section 104.107, Utilities Code, is amended by
53-19 amending Subsection (b) and adding Subsection (c) to read as
53-20 follows:
53-21 (b) The 150-day period prescribed by Subsection (a)(2) shall
53-22 be extended for two days for each day the actual hearing on the
53-23 merits of the case exceeds 15 days.
53-24 (c) If the regulatory authority does not make a final
53-25 determination concerning a schedule of rates before expiration of
53-26 the applicable suspension period, the regulatory authority is
54-1 considered to have approved the schedule. This approval is subject
54-2 to the authority of the regulatory authority thereafter to continue
54-3 a hearing in progress.
54-4 SECTION 46. Section 121.206, Utilities Code, is amended by
54-5 amending Subsection (c) and adding Subsection (d) to read as
54-6 follows:
54-7 (c) In determining the amount of the penalty, the railroad
54-8 commission shall consider the guidelines adopted under Subsection
54-9 (d).
54-10 (d) The railroad commission by rule shall adopt guidelines
54-11 to be used in determining the amount of a penalty under this
54-12 subchapter. The guidelines shall include a penalty calculation
54-13 worksheet that specifies the typical penalty for certain
54-14 violations, circumstances justifying enhancement of a penalty and
54-15 the amount of the enhancement, and circumstances justifying a
54-16 reduction in a penalty and the amount of the reduction. The
54-17 guidelines shall take into account:
54-18 (1) the person's history of previous violations of
54-19 Section 121.201 or a safety standard or rule relating to the
54-20 transportation of gas and gas pipeline facilities adopted under
54-21 that section, including the number of previous violations;
54-22 (2) the seriousness of the violation and of any
54-23 pollution resulting from the violation; [and]
54-24 (3) any hazard to the health or safety of the public;
54-25 (4) the degree of culpability;
54-26 (5) the demonstrated good faith of the person charged;
55-1 and
55-2 (6) any other factor the commission considers
55-3 relevant.
55-4 SECTION 47. Subchapter C, Chapter 2003, Government Code, is
55-5 amended by adding Section 2003.0491 to read as follows:
55-6 Sec. 2003.0491. RAILROAD COMMISSION HEARINGS. The utility
55-7 division shall conduct contested case hearings and may make final
55-8 decisions and issue findings of fact, conclusions of law, and other
55-9 necessary orders in other proceedings on behalf of the Railroad
55-10 Commission of Texas. The provisions of Section 2003.049 apply to a
55-11 proceeding under this section.
55-12 SECTION 48. The following laws are repealed:
55-13 (1) Chapter 93, Natural Resources Code;
55-14 (2) Subdivision (2), Section 113.002, and Sections
55-15 113.012 and 113.013, Natural Resources Code;
55-16 (3) Subsection (b), Section 113.243, Natural Resources
55-17 Code, as amended by Section 1, Chapter 496, Acts of the 75th
55-18 Legislature, Regular Session, 1997; and
55-19 (4) Section 113.246, Natural Resources Code, as
55-20 amended by Section 6, Chapter 496, Acts of the 75th Legislature,
55-21 Regular Session, 1997.
55-22 SECTION 49. (a) Except as otherwise provided by this Act,
55-23 this Act takes effect September 1, 2001.
55-24 (b) Section 2003.0491, Government Code, as added by this
55-25 Act, apply only to a contested case filed at the Railroad
55-26 Commission of Texas on or after the effective date of this Act. A
56-1 contested case filed at the commission before that date is governed
56-2 by the law in effect at the time the case is filed, and the former
56-3 law is continued in effect for that purpose.