1-1     By:  Harris                                            S.B. No. 310
 1-2           (In the Senate - Filed March 6, 2001; March 8, 2001, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     April 9, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 4, Nays 0, 1 present, not
 1-6     voting; April 9, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 310                  By:  Bernsen
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the continuation and functions of the Railroad
1-11     Commission of Texas.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Articles 6445a, 6447b, 6447c, and 6447h, Revised
1-14     Statutes, are amended to read as follows:
1-15           Art. 6445a.  SUNSET PROVISION.  The Railroad Commission of
1-16     Texas is subject to Chapter 325, Government Code (Texas Sunset
1-17     Act).  Unless continued in existence as provided by that chapter,
1-18     the commission is abolished September 1, 2013 [2001].
1-19           Art. 6447b.  EQUAL EMPLOYMENT OPPORTUNITY [EMPLOYEE
1-20     PERFORMANCE].  (a)  The commission [or its designee shall develop
1-21     an intra-agency career ladder program, one part of which shall be
1-22     the intra-agency posting of all nonentry level positions for at
1-23     least 10 days before any public posting.]
1-24           [(b)  The commission or its designee shall develop a system
1-25     of annual performance evaluations based on measurable job tasks.
1-26     All merit pay for commission employees must be based on the system
1-27     established under this subsection.]
1-28           [(c)  The commission] shall prepare and maintain a written
1-29     policy statement that implements [plan to assure implementation of]
1-30     a program of equal employment opportunity to ensure that [whereby]
1-31     all personnel decisions [transactions] are made without regard to
1-32     race, color, disability, sex, religion, age, or national origin.
1-33           (b)  The policy statement must [plan shall] include:
1-34                 (1)  personnel policies, including policies relating to
1-35     [plans for] recruitment, evaluation, selection, [appointment,]
1-36     training, and promotion of personnel, that show the intent of the
1-37     commission to avoid the unlawful employment practices described by
1-38     Chapter 21, Labor Code; and
1-39                 (2)  an analysis of the extent to which the composition
1-40     of the commission's personnel is in accordance with state and
1-41     federal law and a description of reasonable methods to achieve
1-42     compliance with state and federal law.
1-43           (c)  The policy statement must:
1-44                 (1)  be updated annually;
1-45                 (2)  be reviewed by the state Commission on Human
1-46     Rights for compliance with Subsection (b) of this article; and
1-47                 (3)  be filed with the governor's office[, and other
1-48     personnel practices.  The plan shall also include steps reasonably
1-49     designed to overcome any identified under-utilization of minorities
1-50     and women in the commission's work force and shall include
1-51     objectives and goals, timetables for achieving those objectives and
1-52     goals, and assignments of responsibility for their completion.  The
1-53     plan shall be filed with the governor's office within 60 days after
1-54     the effective date of this section, cover an annual period, and be
1-55     updated at least annually.  Progress reports shall be submitted to
1-56     the governor's office within 30 days of November 1 and April 1 of
1-57     each year and shall include the steps the commission has taken
1-58     within the reporting period to comply with this requirement of this
1-59     section].
1-60           Art. 6447c.  CONFLICT OF INTEREST.  (a)  In this section,
1-61     "Texas trade association" means a cooperative and voluntarily
1-62     joined association of business or professional competitors in this
1-63     state designed to assist its members and its industry or profession
1-64     in dealing with mutual business or professional problems and in
 2-1     promoting their common interest.
 2-2           (b)  A person may not be an employee of the commission
 2-3     employed in a "bona fide executive, administrative, or professional
 2-4     capacity," as that phrase is used for purposes of establishing an
 2-5     exemption to the overtime provisions of the federal Fair Labor
 2-6     Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and its
 2-7     subsequent amendments, if:
 2-8                 (1)  the person is an officer, employee, or paid
 2-9     consultant of a Texas trade association in a business or industry
2-10     regulated by the commission; or
2-11                 (2)  the person's spouse is an officer, manager, or
2-12     paid consultant of a Texas [An employee of the commission may not
2-13     be an officer, employee, or paid consultant of a] trade association
2-14     in a business or industry regulated by the commission.
2-15           (c) [(b)]  A person who is required to register as a lobbyist
2-16     under Chapter 305, Government Code, may not act as the general
2-17     counsel to the commission.
2-18           (d) [(c)]  The commission[, as often as necessary,] shall
2-19     provide to members of the commission and to agency employees, as
2-20     often as necessary, information regarding the requirements for
2-21     office or employment under this chapter, including information
2-22     regarding a person's [employees'] responsibilities under applicable
2-23     laws relating to standards of conduct for state officers or
2-24     employees.
2-25           Art. 6447h.  COMPLAINTS.  (a)  The commission shall maintain
2-26     a [keep an information] file on [about] each written complaint
2-27     filed with the commission.  The file must include:
2-28                 (1)  the name of the person who filed the complaint;
2-29                 (2)  the date the complaint is received by the
2-30     commission;
2-31                 (3)  the subject matter of the complaint;
2-32                 (4)  the name of each person contacted in relation to
2-33     the complaint;
2-34                 (5)  a summary of the results of the review or
2-35     investigation of the complaint; and
2-36                 (6)  an explanation of the reason the file was closed,
2-37     if the commission closed the file without taking action other than
2-38     to investigate the complaint.
2-39           (b)  The commission shall provide to the person filing the
2-40     complaint and to each person who is a subject of the complaint a
2-41     copy of the commission's policies and procedures relating to
2-42     complaint investigation and resolution.
2-43           (c)  The [relating to a person who has a license, permit, or
2-44     certificate of public convenience and necessity from the
2-45     commission.]
2-46           [(b)  If a written complaint is filed with the commission
2-47     relating to a person who has a license, permit, or certificate of
2-48     public convenience and necessity from the] commission, at least [as
2-49     frequently as] quarterly [and] until final disposition of the
2-50     complaint, [the commission] shall notify the person filing [parties
2-51     to] the complaint and each person who is a subject of the complaint
2-52     of the status of the investigation [complaint] unless the notice
2-53     would jeopardize an undercover investigation.  [This section does
2-54     not apply to complaints under Chapter 91, Natural Resources Code.]
2-55           SECTION 2.  Title 112, Revised Statutes, is amended by adding
2-56     Articles 6447k, 6447l, 6447m, and 6447n to read as follows:
2-57           Art. 6447k.  SEPARATION OF POLICY-MAKING AND MANAGEMENT
2-58     RESPONSIBILITIES.  The commission shall develop and implement
2-59     policies that clearly separate the policy-making responsibilities
2-60     of the members of the commission and the management
2-61     responsibilities of the staff of the commission.
2-62           Art. 6447l.  PUBLIC PARTICIPATION.  The commission shall
2-63     develop and implement policies that provide the public with a
2-64     reasonable opportunity to appear before the commission and to speak
2-65     on any issue under the jurisdiction of the commission.
2-66           Art. 6447m.  EMPLOYEE INCENTIVE PROGRAM.  The commission
2-67     shall provide to commission employees information and training on
2-68     the benefits and methods of participation in the state employee
2-69     incentive program.
 3-1           Art. 6447n.  METHOD OF MAKING PAYMENTS TO COMMISSION.
 3-2     (a)  The commission may authorize payment, as prescribed by the
 3-3     commission, of regulatory fees, fines, penalties, and charges for
 3-4     goods and services by means of an electronic payment method or a
 3-5     credit card issued by a financial institution chartered by a state
 3-6     or the United States or issued by a nationally recognized credit
 3-7     organization approved by the commission.  A payment by the
 3-8     authorized method may be made in person, by telephone, or through
 3-9     the Internet.
3-10           (b)  The commission may require a person who makes a payment
3-11     to the commission by means of an electronic payment method or
3-12     credit card to pay a discount or service charge in an amount
3-13     reasonable and necessary to reimburse the commission for the costs
3-14     involved in processing the payment.
3-15           (c)  The commission may adopt rules as necessary to implement
3-16     this article.
3-17           SECTION 3.  Section 81.0531, Natural Resources Code, is
3-18     amended by amending Subsections (c) and (d) and adding Subsection
3-19     (e) to read as follows:
3-20           (c)  In determining the amount of the penalty, the commission
3-21     shall consider the permittee's history of previous violations, the
3-22     seriousness of the violation, any hazard to the health or safety of
3-23     the public, and the demonstrated good faith of the person charged.
3-24     In determining the amount of the penalty for a violation of a
3-25     provision of this title or a rule, order, license, permit, or
3-26     certificate that relates to pipeline safety, the commission shall
3-27     consider the guidelines adopted under Subsection (d).
3-28           (d)  The commission by rule shall adopt guidelines to be used
3-29     in determining the amount of the penalty for a violation of a
3-30     provision of this title or a rule, order, license, permit, or
3-31     certificate that relates to pipeline safety.  The guidelines shall
3-32     include a penalty calculation worksheet that specifies the typical
3-33     penalty for certain violations, circumstances justifying
3-34     enhancement of a penalty and the amount of the enhancement, and
3-35     circumstances justifying a reduction in a penalty and the amount of
3-36     the reduction.  The guidelines shall take into account:
3-37                 (1)  the permittee's history of previous violations,
3-38     including the number of previous violations;
3-39                 (2)  the seriousness of the violation and of any
3-40     pollution resulting from the violation;
3-41                 (3)  any hazard to the health or safety of the public;
3-42                 (4)  the degree of culpability;
3-43                 (5)  the demonstrated good faith of the person charged;
3-44     and
3-45                 (6)  any other factor the commission considers
3-46     relevant.
3-47           (e)  A penalty collected under this section shall be
3-48     deposited to the credit of the oil-field cleanup fund.
3-49           SECTION 4.  Subsection (a), Section 81.116, Natural Resources
3-50     Code, is amended to read as follows:
3-51           (a)  An oil-field cleanup regulatory fee is imposed on crude
3-52     petroleum produced in this state in an [the] amount set by
3-53     commission rule not to exceed [of five-sixteenths of] one cent on
3-54     each barrel of 42 standard gallons.
3-55           SECTION 5.  Subsection (a), Section 81.117, Natural Resources
3-56     Code, is amended to read as follows:
3-57           (a)  An oil-field cleanup regulatory fee is imposed on gas
3-58     initially produced and saved in this state in an [the] amount set
3-59     by commission rule not to exceed one-tenth of [one-thirtieth of]
3-60     one cent for each thousand cubic feet.
3-61           SECTION 6.  Section 85.161, Natural Resources Code, is
3-62     amended to read as follows:
3-63           Sec. 85.161.  WELL OWNERS AND OPERATORS CERTIFICATES.  The
3-64     owner or operator of any [an oil or gas] well subject to the
3-65     jurisdiction of the commission[, before connecting with any oil or
3-66     gas pipeline,] shall secure from the commission a certificate
3-67     showing compliance with the oil or gas conservation laws of the
3-68     state and conservation rules and orders of the commission.
3-69           SECTION 7.  Section 85.2021, Natural Resources Code, is
 4-1     amended by amending Subsections (c) and (d) and adding Subsection
 4-2     (e) to read as follows:
 4-3           (c)  With each application for an extension of time to plug a
 4-4     well pursuant to commission rules, an applicant shall submit to the
 4-5     commission a nonrefundable fee of $300 [$100], unless the applicant
 4-6     has filed a bond under Section 91.1041 or Section 91.1042 of this
 4-7     code.  This subsection expires September 1, 2004.
 4-8           (d)  Notwithstanding Subsections (a) and (b), the commission
 4-9     by rule shall set fees under those subsections in amounts that are
4-10     projected to generate in the aggregate annual revenue of $1.5
4-11     million more than the aggregate annual revenue projected to be
4-12     generated by the fee amounts provided by those subsections.
4-13           (e)  All fees collected under this section shall be deposited
4-14     in the state oil-field cleanup fund.
4-15           SECTION 8.  Effective September 1, 2004, Section 91.103,
4-16     Natural Resources Code, is amended to read as follows:
4-17           Sec. 91.103.  PERSONS REQUIRED TO EXECUTE BOND [OR ALTERNATE
4-18     FORM OF FINANCIAL SECURITY].  Any person, including any firm,
4-19     partnership, joint stock association, corporation, or other
4-20     organization, required to file an organization report under Section
4-21     91.142 of this code shall execute and file with the commission a
4-22     bond [or alternate form of financial security].
4-23           SECTION 9.  Subsections (b) and (c), Section 91.104, Natural
4-24     Resources Code, are amended to read as follows:
4-25           (b)  A person required to file a bond under Section 91.103
4-26     may choose to file:
4-27                 (1)  an individual bond as provided under Section
4-28     91.1041;
4-29                 (2)  a blanket bond as provided under Section 91.1042;
4-30     or
4-31                 (3)  [a nonrefundable annual fee of $100, if the person
4-32     can demonstrate to the commission an acceptable record of
4-33     compliance with all commission rules, orders, licenses, permits, or
4-34     certificates that relate to safety or the prevention or control of
4-35     pollution for the previous 48 months and the person and, if a firm,
4-36     partnership, joint stock association, corporation, or other
4-37     organization, its officers, directors, general partners, or owners
4-38     of more than 25 percent ownership interest or any trustee:]
4-39                       [(A)  has no outstanding violations of such
4-40     commission rules, orders, licenses, permits, or certificates;]
4-41                       [(B)  has paid all administrative, civil, and
4-42     criminal penalties, if any, relating to any violation of such
4-43     commission rules, orders, licenses, permits, or certificates; and]
4-44                       [(C)  has paid all reimbursements of any costs
4-45     and expenses incurred by the commission in relation to any
4-46     violation of such commission rules, orders, licenses, permits, or
4-47     certificates;]
4-48                 [(4)]  a nonrefundable annual fee equal to three
4-49     percent of the bond that otherwise would be required[; or]
4-50                 [(5)  to give a first lien on tangible personal
4-51     property associated with oil and gas production whose salvage value
4-52     equals the value of an individual bond under Section 91.1041 or the
4-53     value of a blanket bond under Section 91.1042 that otherwise would
4-54     be required].
4-55           (c)  A person who chooses to file a form of financial
4-56     security other than a bond shall also submit a fee [of $100] for
4-57     each application to extend the time to plug a well in accordance
4-58     with Section 85.2021 of this code.
4-59           SECTION 10.  Effective September 1, 2004, Section 91.104,
4-60     Natural Resources Code, is amended to read as follows:
4-61           Sec. 91.104.  BONDS [AND ALTERNATE FORMS OF FINANCIAL
4-62     SECURITY].  (a)  The commission shall require a bond [or an
4-63     alternate form of financial security] to be filed with the
4-64     commission as provided by Subsection (b) of this section.
4-65           (b)  A person required to file a bond under Section 91.103
4-66     may choose to file:
4-67                 (1)  an individual bond as provided under Section
4-68     91.1041; or
4-69                 (2)  a blanket bond as provided under Section 91.1042[;]
 5-1                 [(3)  a nonrefundable annual fee of $100, if the person
 5-2     can demonstrate to the commission an acceptable record of
 5-3     compliance with all commission rules, orders, licenses, permits, or
 5-4     certificates that relate to safety or the prevention or control of
 5-5     pollution for the previous 48 months and the person and, if a firm,
 5-6     partnership, joint stock association, corporation, or other
 5-7     organization, its officers, directors, general partners, or owners
 5-8     of more than 25 percent ownership interest or any trustee:]
 5-9                       [(A)  has no outstanding violations of such
5-10     commission rules, orders, licenses, permits, or certificates;]
5-11                       [(B)  has paid all administrative, civil, and
5-12     criminal penalties, if any, relating to any violation of such
5-13     commission rules, orders, licenses, permits, or certificates; and]
5-14                       [(C)  has paid all reimbursements of any costs
5-15     and expenses incurred by the commission in relation to any
5-16     violation of such commission rules, orders, licenses, permits, or
5-17     certificates;]
5-18                 [(4)  a nonrefundable annual fee equal to three percent
5-19     of the bond that otherwise would be required; or]
5-20                 [(5)  to give a first lien on tangible personal
5-21     property associated with oil and gas production whose salvage value
5-22     equals the value of an individual bond under Section 91.1041 or the
5-23     value of a blanket bond under Section 91.1042 that otherwise would
5-24     be required].
5-25           [(c)  A person who chooses to file a form of financial
5-26     security other than a bond shall also submit a fee of $100 for each
5-27     application to extend the time to plug a well in accordance with
5-28     Section 85.2021 of this code.]
5-29           SECTION 11.  Sections 91.1041 and 91.1042, Natural Resources
5-30     Code, are amended to read as follows:
5-31           Sec. 91.1041.  INDIVIDUAL BOND.  (a)  A person required to
5-32     file a bond under Section 91.103 who operates one or more wells may
5-33     file a bond in an amount equal to $2 for each foot of well depth
5-34     for each well.
5-35           (b)  Notwithstanding Subsection (a), the commission by rule
5-36     shall set the amount of the bond for an operator of one or more bay
5-37     or offshore wells at a reasonable amount that exceeds the amount
5-38     provided by Subsection (a).
5-39           Sec. 91.1042.  BLANKET BOND.  (a)  A person required to file
5-40     a bond under Section 91.103 may file a blanket bond to cover all
5-41     wells and operations for which a bond is required as follows:
5-42                 (1)  a person who operates 10 or fewer wells or
5-43     performs other operations shall file a $25,000 blanket bond;
5-44                 (2)  a person who operates more than 10 but fewer than
5-45     100 wells shall file a $50,000 blanket bond; and
5-46                 (3)  a person who operates 100 or more wells shall file
5-47     a $250,000 blanket bond.
5-48           (b)  Notwithstanding Subsection (a), the commission by rule
5-49     shall set the amount of the bond for an operator of bay or offshore
5-50     wells at a reasonable amount that exceeds the amount provided by
5-51     Subsection (a)(1), (2), or (3), as applicable.
5-52           SECTION 12.  Effective September 1, 2004, Section 91.107,
5-53     Natural Resources Code, is amended to read as follows:
5-54           Sec. 91.107.  NEW BOND [OR ALTERNATE FORM OF FINANCIAL
5-55     SECURITY].  If a well covered by a bond [or alternate form of
5-56     financial security] is transferred, sold, or assigned by its
5-57     operator, the commission shall require the party acquiring the well
5-58     to file a new bond [or alternate form of financial security] as
5-59     provided by this subchapter, and the bond [or alternate form of
5-60     financial security] of the prior operator shall continue to be
5-61     required and to remain in effect until the new bond [or alternate
5-62     form of financial security] is provided or the commission
5-63     determines that the bond [financial security] previously submitted
5-64     to the commission by the person acquiring the well complies with
5-65     this subchapter.
5-66           SECTION 13.  Section 91.111, Natural Resources Code, is
5-67     amended by amending Subsections (b) and (c) and adding Subsection
5-68     (e) to read as follows:
5-69           (b)  The commission shall certify to the comptroller the date
 6-1     on which the balance in the fund equals or exceeds $20 [$10]
 6-2     million.  The oil-field cleanup regulatory fees on oil and gas
 6-3     shall not be collected or required to be paid on or after the first
 6-4     day of the second month following the certification, except that
 6-5     the comptroller shall resume collecting the fees on receipt of a
 6-6     commission certification that the fund has fallen below $10 [$6]
 6-7     million.  The comptroller shall continue collecting the fees until
 6-8     collections are again suspended in the manner provided by this
 6-9     subsection.
6-10           (c)  The fund consists of:
6-11                 (1)  penalties imposed under Section 85.381 for
6-12     violation of a law, order, or rule relating to well plugging
6-13     requirements;
6-14                 (2)  proceeds from bonds and other financial assurances
6-15     required by this chapter, subject to the refund provisions of
6-16     Section 91.1091;
6-17                 (3)  private contributions, including contributions
6-18     made under Section 89.084;
6-19                 (4)  expenses collected under Section 89.083;
6-20                 (5)  fees imposed under Section 85.2021;
6-21                 (6)  civil penalties collected for violations of
6-22     Chapter 89 or of rules or orders relating to plugging that are
6-23     adopted under this code;
6-24                 (7)  proceeds collected under Sections 89.085 and
6-25     91.115;
6-26                 (8)  interest earned on the funds deposited in the
6-27     fund;
6-28                 (9)  fees collected under Section 91.104;
6-29                 (10)  civil penalties or costs recovered under Section
6-30     91.457 or 91.459;
6-31                 (11)  oil and gas waste hauler permit application fees
6-32     collected under Section 29.015, Water Code;
6-33                 (12)  costs recovered under Section 91.113(f);
6-34                 (13)  hazardous oil and gas waste generation fees
6-35     collected under Section 91.605;
6-36                 (14)  oil-field cleanup regulatory fees on oil
6-37     collected under Section 81.116;
6-38                 (15)  oil-field cleanup regulatory fees on gas
6-39     collected under Section 81.117;
6-40                 (16)  fees for a reissued certificate collected under
6-41     Section 85.167;
6-42                 (17)  fees collected under Section 91.1013;
6-43                 (18)  fees collected under Section 89.088;
6-44                 (19)  penalties collected under Section 81.0531; [and]
6-45                 (20)  fees collected under Section 91.142;
6-46                 (21)  fees collected under Section 91.1132; and
6-47                 (22)  legislative appropriations.
6-48           (e)  The commission, through the legislative appropriations
6-49     request process, shall establish specific performance goals for the
6-50     oil-field cleanup fund for the next biennium, including goals for
6-51     the number of:
6-52                 (1)  site investigations and environmental assessments
6-53     to be conducted;
6-54                 (2)  abandoned wells to be plugged; and
6-55                 (3)  surface locations to be remediated.
6-56           SECTION 14.  Subsection (b), Section 91.112, Natural
6-57     Resources Code, is amended to read as follows:
6-58           (b)  The commission shall submit to the legislature and make
6-59     available to the public, annually, a report that reviews the extent
6-60     to which money provided under Section 91.111 has enabled the
6-61     commission to better protect the environment and enhance the income
6-62     of the oil-field cleanup fund.  The report shall include:
6-63                 (1)  the number of wells plugged, by region;
6-64                 (2)  the number of wells abandoned, by region;
6-65                 (3)  the number of inactive wells not currently in
6-66     compliance with commission rules, by region;
6-67                 (4)  the status of enforcement proceedings for all
6-68     wells in violation of commission rules and the time period during
6-69     which the wells have been in violation, by region in which the
 7-1     wells are located;
 7-2                 (5)  the number of surface locations remediated, by
 7-3     region;
 7-4                 (6)  a detailed accounting of expenditures of money in
 7-5     the fund, including expenditures for site investigations and
 7-6     environmental assessments, plugging of abandoned wells, remediation
 7-7     of surface locations, and staff salaries and other administrative
 7-8     expenses;
 7-9                 (7)  the method by which the commission sets priorities
7-10     by which it determines the order in which abandoned wells are
7-11     plugged;
7-12                 (8) [(6)]  a projection of the amount of money needed
7-13     for the next biennium for conducting site investigations and
7-14     environmental assessments, plugging abandoned wells, and
7-15     remediating surface locations; and
7-16                 (9) [(7)]  the status of implementation of the
7-17     provisions of Section 89.085 relating to possession and sale of
7-18     equipment to recover plugging costs.
7-19           SECTION 15.  Subchapter D, Chapter 91, Natural Resources
7-20     Code, is amended by adding Sections 91.1131 and 91.1132 to read as
7-21     follows:
7-22           Sec. 91.1131.  RISK ASSESSMENT STANDARDS; PRIORITIZATION OF
7-23     HIGH-RISK WELLS.  (a)  The commission by rule shall establish risk
7-24     assessment as the guide for:
7-25                 (1)  conducting site investigations and environmental
7-26     assessments; and
7-27                 (2)  controlling and cleaning up oil and gas wastes and
7-28     other substances and materials.
7-29           (b)  Rules adopted under this section must provide for:
7-30                 (1)  determining whether an actual or potential risk
7-31     exists at a site;
7-32                 (2)  screening contaminants at the site to identify
7-33     those that pose a risk;
7-34                 (3)  developing cleanup standards based on
7-35     contamination levels that are protective of human health and the
7-36     environment and that preserve the active and productive use of the
7-37     land; and
7-38                 (4)  establishing a reporting mechanism for informing
7-39     the commission regarding specific remediation activities.
7-40           (c)  The commission by rule shall develop a system for:
7-41                 (1)  identifying abandoned wells that pose a high risk
7-42     of contaminating surface water or groundwater;
7-43                 (2)  periodically testing high-risk wells by conducting
7-44     a fluid level test or, if necessary, a pressure test; and
7-45                 (3)  giving priority to plugging high-risk wells with
7-46     compromised casings.
7-47           Sec. 91.1132.  VOLUNTARY CLEANUP PROGRAM.  (a)  The
7-48     commission by rule shall establish a voluntary cleanup program
7-49     under which a person who is not a responsible person as defined by
7-50     Section 91.113 and who cleans up oil and gas wastes or other
7-51     substances or materials in accordance with an agreement with the
7-52     commission may receive from the commission a certificate evidencing
7-53     completion of the cleanup.  On receipt of the certificate, the
7-54     person is released from all liability to the commission for cleanup
7-55     of the site covered by the certificate.
7-56           (b)  A person who desires to participate in the program must
7-57     submit to the commission:
7-58                 (1)  an application; and
7-59                 (2)  an application fee in an amount set by commission
7-60     rule.
7-61           (c)  The staff of the commission shall:
7-62                 (1)  assist a participant in the program in developing
7-63     a cleanup plan; and
7-64                 (2)  provide technical oversight during the cleanup.
7-65           (d)  The program established under this section must be
7-66     consistent with rules adopted under Section 91.1131.
7-67           SECTION 16.  Section 91.142, Natural Resources Code, is
7-68     amended by adding Subsection (g) to read as follows:
7-69           (g)  The commission by rule shall require an organization
 8-1     report filed under this section to be accompanied by a fee set by
 8-2     the commission in an amount sufficient to cover the cost of
 8-3     administering this section.  The commission may not set a fee under
 8-4     this subsection in an amount that is projected to generate annual
 8-5     revenue of more than $3 million.
 8-6           SECTION 17.  Sections 113.011, 113.014, 113.015, 113.0511,
 8-7     and 113.082, Natural Resources Code, are  amended to read as
 8-8     follows:
 8-9           Sec. 113.011.  REGULATION OF LIQUEFIED PETROLEUM GAS
8-10     ACTIVITIES.  The commission shall administer and enforce the laws
8-11     of this state and the rules and standards of the commission
8-12     relating to liquefied petroleum gas [DIVISION.  There is created
8-13     and organized a separate and distinct division of the commission
8-14     known as the liquefied petroleum gas division or the LPG division].
8-15           Sec. 113.014.  EMPLOYEES.  Sufficient employees shall be
8-16     provided [to the LPG division] for the enforcement of this chapter.
8-17           Sec. 113.015.  FUNDS FOR FINANCING REGULATION OF LPG
8-18     ACTIVITIES [DIVISION].  The commission shall look only to the
8-19     revenue derived from the operation of this chapter and appropriated
8-20     by the legislature for expenses of regulating [conducting the]
8-21     liquefied petroleum gas activities [division] and administering
8-22     this chapter.  [The LPG examination fund is established in the
8-23     state treasury to be used to pay the costs of training, including
8-24     examinations, seminars, and continuing education programs,
8-25     administered or sponsored by the commission pursuant to Sections
8-26     113.087 and 113.088 of this code.  All fees collected pursuant to
8-27     Sections 113.088 and 113.090(c) of this code relating to training
8-28     or registration for qualification to perform LPG-related activities
8-29     shall be credited to this fund.  There is hereby appropriated from
8-30     the fund to the commission all such fees collected.]
8-31           Sec. 113.0511.  LIMITATIONS ON RULEMAKING AUTHORITY.
8-32     (a)  The commission may not adopt rules restricting advertising or
8-33     competitive bidding [or advertising] by a licensee [person
8-34     regulated by the commission] except to prohibit false, misleading,
8-35     or deceptive practices [by the person].
8-36           (b)  In its [The commission may not include in any] rules to
8-37     prohibit false, misleading, or deceptive practices, the commission
8-38     may not include [by a person regulated by the commission] a rule
8-39     that:
8-40                 (1)  restricts the [person's] use of any medium for
8-41     advertising;
8-42                 (2)  restricts the use of a licensee's [person's]
8-43     personal appearance or [use of his] voice in an advertisement;
8-44                 (3)  relates to the size or duration of an
8-45     advertisement by the licensee [person]; or
8-46                 (4)  restricts the licensee's [person's] advertisement
8-47     under a trade name.
8-48           Sec. 113.082.  CATEGORIES OF LPG ACTIVITIES [LICENSEE];
8-49     FEES.  (a)  A prospective licensee in LPG may apply to the
8-50     commission [LPG division] for a license to engage in any one or
8-51     more of the following categories of LPG activities:
8-52                 (1) [(A)]  container manufacturers/fabricators:  the
8-53     manufacture, fabrication, assembly, repair, installation,
8-54     subframing, testing, and sale of LPG containers, including LPG
8-55     motor or mobile fuel containers and systems, and the repair and
8-56     installation of transport and transfer systems[; and the category
8-57     "A" application and original license fee is an amount not to exceed
8-58     $1,000 as determined by the commission;  the annual renewal license
8-59     fee is an amount not to exceed $600 as determined by the
8-60     commission];
8-61                 (2) [(B)]  transport outfitters:  the subframing,
8-62     testing, and sale of LPG transport containers, the testing of LPG
8-63     storage containers, the installation, testing, and sale of LPG
8-64     motor or mobile fuel containers and systems, and the installation
8-65     and repair of transport systems, and motor or mobile fuel systems[;
8-66     the category "B" application and original license fee is an amount
8-67     not to exceed $400 as determined by the commission;  the annual
8-68     renewal license fee is an amount not to exceed $200 as determined
8-69     by the commission];
 9-1                 (3) [(C)]  carriers:  the transportation of LPG by
 9-2     transport, including the loading and unloading of LPG, and the
 9-3     installation and repair of transport systems[; the category "C"
 9-4     application and original license fee is an amount not to exceed
 9-5     $1,000 as determined by the commission;  the annual renewal license
 9-6     fee is an amount not to exceed $300 as determined by the
 9-7     commission];
 9-8                 (4) [(D)]  general installers and repairmen:  the sale,
 9-9     service, and installation of containers, excluding motor fuel
9-10     containers, and the service, installation, and repair of piping,
9-11     certain appliances as defined by rule, excluding recreational
9-12     vehicle appliances and LPG systems, excluding motor fuel and
9-13     recreational vehicle systems[; the category "D" application and
9-14     original license fee is an amount not to exceed $100 as determined
9-15     by the commission;  the annual renewal license fee is an amount not
9-16     to exceed $70 as determined by the commission];
9-17                 (5) [(E)]  retail and wholesale dealers:  the storage,
9-18     sale, transportation, and distribution of LPG at retail and
9-19     wholesale, and all other activities included in this section except
9-20     the manufacture, fabrication, assembly, repair, subframing, and
9-21     testing of LPG containers, and except the sale and installation of
9-22     LPG motor or mobile fuel systems that have an engine with a rating
9-23     of more than 25 horsepower[; the category "E" application and
9-24     original license fee is an amount not to exceed $750 as determined
9-25     by the commission;  the annual renewal license fee is an amount not
9-26     to exceed $300 as determined by the commission];
9-27                 (6) [(F)]  cylinder filling:  the operation of a
9-28     cylinder-filling facility, including cylinder filling, the sale of
9-29     LPG in cylinders, and the replacement of a cylinder valve[; the
9-30     category "F" application and original license fee is an amount not
9-31     to exceed $100 as determined by the commission;  the annual renewal
9-32     license fee is an amount not to exceed $50 as determined by the
9-33     commission];
9-34                 (7) [(G)]  service station:  the operation of an LPG
9-35     service station filling ASME containers designed for motor and
9-36     mobile fuel[; the category "G" application and original license fee
9-37     is an amount not to exceed $100 as determined by the commission;
9-38     the annual renewal license fee is an amount not to exceed $50 as
9-39     determined by the commission];
9-40                 (8) [(H)]  cylinder dealers:  the transportation and
9-41     sale of LPG in cylinders[; the category "H" application and
9-42     original license fee is an amount not to exceed $1,000 as
9-43     determined by the commission;  the annual renewal license fee is an
9-44     amount not to exceed $300 as determined by the commission];
9-45                 (9) [(I)]  service station and cylinder filling:  any
9-46     service station and cylinder activity set out in Subdivisions (6)
9-47     and (7) [categories "F" and "G" of this section;  the category "I"
9-48     application and original license fee is an amount not to exceed
9-49     $150 as determined by the commission;  the annual renewal license
9-50     fee is an amount not to exceed $70 as determined by the
9-51     commission];
9-52                 (10) [(J)]  service station and cylinder facilities:
9-53     the operation of a cylinder-filling facility, including cylinder
9-54     filling and the sale, transportation, installation, and connection
9-55     of LPG in cylinders, the replacement of cylinder valves, and the
9-56     operation of an LPG service station as set out in Subdivision (7)
9-57     [category "G";  the category "J" application and original license
9-58     fee is an amount not to exceed $1,000 as determined by the
9-59     commission;  the annual renewal license fee is an amount not to
9-60     exceed $300 as determined by the commission];
9-61                 (11) [(K)]  distribution system:  the sale and
9-62     distribution of LPG through mains or pipes and the installation and
9-63     repair of LPG systems[; the category "K" application and original
9-64     license fee is an amount not to exceed $1,000 as determined by the
9-65     commission;  the annual renewal license fee is an amount not to
9-66     exceed $300 as determined by the commission];
9-67                 (12) [(L)]  engine fuel:  the sale and installation of
9-68     LPG motor or mobile fuel containers, and the sale and installation
9-69     of LPG motor or mobile fuel systems[; the category "L" application
 10-1    and original license fee is an amount not to exceed $100 as
 10-2    determined by the commission;  the annual renewal license fee is an
 10-3    amount not to exceed $50 as determined by the commission];
 10-4                (13) [(M)]  recreational vehicle installers and
 10-5    repairmen: the sale, service, and installation of recreational
 10-6    vehicle containers, and the installation, repair, and service of
 10-7    recreational vehicle appliances, piping, and LPG systems, including
 10-8    recreational vehicle motor or mobile fuel systems and containers[;
 10-9    the category "M" application and original license fee is an amount
10-10    not to exceed $100 as determined by the commission;  the annual
10-11    renewal license fee is an amount not to exceed $70 as determined by
10-12    the commission];
10-13                (14) [(N)]  manufactured housing installers and
10-14    repairmen: the service and installation of containers that supply
10-15    fuel to manufactured housing, and the installation, repair, and
10-16    service of appliances and piping systems for manufactured housing[;
10-17    the category "N" application and original license fee is an amount
10-18    not to exceed $100 as determined by the commission;  the annual
10-19    renewal license fee is an amount not to exceed $70 as determined by
10-20    the commission];
10-21                (15) [(O)]  testing laboratory:  the testing of an
10-22    LP-gas container, LP-gas motor fuel systems or mobile fuel systems,
10-23    transfer systems, and transport systems for the purpose of
10-24    determining the safety of the container or systems for LP-gas
10-25    service, including the necessary installation, disconnection,
10-26    reconnecting, testing, and repair of LPG motor fuel systems or
10-27    mobile fuel systems, transfer systems, and transport systems
10-28    involved in the testing of containers;  [the category "O"
10-29    application and original license fee is an amount not to exceed
10-30    $400 as determined by the commission;  the annual renewal license
10-31    fee is an amount not to exceed $100 as determined by the
10-32    commission;]  or
10-33                (16) [(P)]  portable cylinder exchange:  the operation
10-34    of a portable cylinder exchange service, where the sale of LP-gas
10-35    is within a portable cylinder with an LP-gas capacity not to exceed
10-36    21 pounds;  the portable cylinders are not filled on site, and no
10-37    other LP-gas activity requiring a license is conducted[;  the
10-38    category "P" application and original license fee is an amount not
10-39    to exceed $100 as determined by the commission;  the annual renewal
10-40    license fee is an amount not to exceed $50 as determined by the
10-41    commission].
10-42          (b)  The commission by rule shall establish reasonable
10-43    application and original license fees and renewal fees for each
10-44    type of license listed in this section.
10-45          SECTION 18.  Subsections (b) and (c), Section 113.084,
10-46    Natural Resources Code, are amended to read as follows:
10-47          (b)  A prospective licensee shall submit the required
10-48    application together with the original nonrefundable license fee
10-49    established by the commission under [required by] Section 113.082
10-50    [of this code] for each type of license [category] for which an [a
10-51    license] application is made.  The applicant shall submit
10-52    additional information and data with each application as the
10-53    commission may reasonably require.
10-54          (c)  A licensee shall submit the nonrefundable renewal fee
10-55    for each type of [category for which] license [is] sought along
10-56    with information and data the commission may reasonably require.
10-57          SECTION 19.  Section 113.087, Natural Resources Code, is
10-58    amended by amending Subsections (b), (c), and (i) through (m) and
10-59    adding Subsections (n) and (o) to read as follows:
10-60          (b)  Before license issuance, the commission shall require
10-61    the individual designated as the licensee's representative to the
10-62    commission to provide good and sufficient proof through examination
10-63    prepared and administered by the commission of working knowledge of
10-64    this chapter and rules of the commission which affect the type
10-65    [category] of license for which application is made.  Thereafter,
10-66    each licensee shall maintain a qualified representative at all
10-67    times.
10-68          (c)  Each individual who will be actively supervising those
10-69    operations requiring any license under this chapter at any outlet
 11-1    or location, as designated by the commission, shall be required to
 11-2    provide good and sufficient proof through examination prepared and
 11-3    administered by the commission that the supervisor has a working
 11-4    knowledge of the safety requirements and penalties in this chapter
 11-5    and the rules of the commission which apply to that type [category]
 11-6    of license.
 11-7          (i)  Not later than the 30th day after the date a person
 11-8    takes a licensing [on which an] examination [is administered] under
 11-9    this chapter [section], the commission shall notify the person
11-10    [each examinee] of the results of the examination.
11-11          (j)  If the examination is graded or reviewed by a testing
11-12    service:
11-13                (1)  the commission shall notify the person of the
11-14    results of the examination not later than the 14th day after the
11-15    date the commission receives the results from the testing service;
11-16    and
11-17                (2)  if notice of the examination results will be
11-18    delayed for longer than 90 days after the examination date, the
11-19    commission shall notify the person [examinee] of the reason for the
11-20    delay before the 90th day.
11-21          (k)  The commission may require a testing service to notify a
11-22    person of the results of the person's examination.
11-23          (l) [(j)]  If requested in writing by a person who fails a
11-24    [the] licensing examination administered under this chapter
11-25    [section], the commission shall furnish the person with an analysis
11-26    of the person's performance on the examination.
11-27          (m) [(k)]  The commission, by appropriate rule, shall [may]
11-28    require, in addition to examination requirements as set out in
11-29    Subsections (b), (c), and (d) of this section:
11-30                (1)  an examination for technical competence that is
11-31    validated by a recognized educational testing organization or
11-32    similar organization; or
11-33                (2)  attendance at approved academic, trade,
11-34    professional, or commission-sponsored seminars, other continuing
11-35    education programs, and periodic reexaminations.
11-36          (n) [(l)]  Prior to qualifying an individual to perform
11-37    LP-gas work, the commission may establish by rule an initial course
11-38    of instruction for any person who has not yet passed the [category
11-39    of] examination for the LPG activity for which the person seeks
11-40    qualification; for any person who has not maintained qualified
11-41    status, as defined by rule; and for any person whose certification
11-42    has been revoked pursuant to Subchapter F of this code.  If an
11-43    initial course of instruction is established by the commission, it
11-44    shall be available at least once every 180 [90] days.
11-45          (o) [(m)]  The commission by rule may exempt from any
11-46    provision of this section:
11-47                (1)  a journeyman or master plumber licensed by the
11-48    Texas State Board of Plumbing Examiners;
11-49                (2)  a person licensed under the Air Conditioning and
11-50    Refrigeration Contractor License Law (Article 8861, Vernon's Texas
11-51    Civil Statutes); or
11-52                (3)  company representatives, operations supervisors,
11-53    or employees of a testing laboratory that was registered under
11-54    Section 113.135 prior to the effective date of this subsection.
11-55          SECTION 20.  Subsections (a) and (c), Section 113.089,
11-56    Natural Resources Code, are amended to read as follows:
11-57          (a)  If application is made for a license under [category "E"
11-58    of] Section 113.082(a)(5) [113.082 of this code] or for any other
11-59    type of license [category] specified by commission rule, the
11-60    commission, in addition to other requirements, shall have an actual
11-61    inspection conducted of any and all facilities, bulk storage
11-62    equipment, transportation equipment, and dispensing equipment of
11-63    the applicant to verify satisfactory compliance with all current
11-64    safety laws, rules, and practices.  The inspection may be waived by
11-65    the commission on an application resulting solely from a change in
11-66    legal entities under which a current licensee operates.
11-67          (c)  A [category "E"] license under Section 113.082(a)(5) and
11-68    any other type of license specified by commission rule shall not be
11-69    issued until the inspection under Subsection (a)  of this section
 12-1    verifies the applicant to be in satisfactory compliance with all
 12-2    current safety laws, rules, and practices.
 12-3          SECTION 21.  Subsections (a) and (b), Section 113.090,
 12-4    Natural Resources Code, are amended to read as follows:
 12-5          (a)  The commission by rule may establish reasonable fees for
 12-6    the review of site applications [examination of plans and
 12-7    specifications] related to the installation of containers when site
 12-8    applications [plans and specifications] are reviewed by the
 12-9    commission before such installation is placed into LP-gas service.
12-10          (b)  The commission by rule may establish reasonable fees for
12-11    recording the location of containers at public buildings and
12-12    commercial installations when prior approval of site applications
12-13    [plans and specifications] is not required.
12-14          SECTION 22.  Subsections (b), (c), and (d), Section 113.091,
12-15    Natural Resources Code, are amended to read as follows:
12-16          (b)  Within 30 days of the notice of denial, an applicant for
12-17    license under this chapter who is denied a license may request a
12-18    hearing to determine whether or not the applicant has complied in
12-19    all respects with the licensing procedure applicable to each type
12-20    [the category or categories] of license sought.  The applicant's
12-21    request for hearing must be in writing and delivered to the
12-22    commission [director of the LP-gas division].
12-23          (c)  A hearing to determine an applicant's compliance with
12-24    the licensing procedure applicable to each type [the category or
12-25    categories] of license sought must be scheduled within 30 days
12-26    following receipt of a request under Subsection (b) of this
12-27    section.
12-28          (d)  If the record made at the hearing supports the
12-29    applicant's claim, the commission shall enter an order in its
12-30    records to that effect, noting each type of license to [the
12-31    category or categories for] which the applicant is found entitled
12-32    [to be licensed], and the commission shall have the license or
12-33    licenses issued.  If the applicant is found unqualified, the
12-34    commission shall likewise enter an order in its records to that
12-35    effect, and no license may be issued to the applicant.
12-36          SECTION 23.  Section 113.093, Natural Resources Code, is
12-37    amended to read as follows:
12-38          Sec. 113.093.  LICENSE RENEWAL.  (a)  A person who is
12-39    otherwise eligible to renew a license may renew an unexpired
12-40    license by paying the required [issued pursuant to this chapter is
12-41    renewable on the timely payment or tender of the] renewal [license]
12-42    fee to the commission before the expiration date of the license
12-43    [each year].  A person whose license has expired may not engage in
12-44    activities that require a license until the license has been
12-45    renewed.
12-46          (b)  A person whose [If a person's] license has been expired
12-47    for [not longer than] 90 days or less[, the person] may renew the
12-48    license by paying to the commission a [the required] renewal fee
12-49    that is equal to 1-1/2 times the normally required [and a fee that
12-50    is one-half of the amount of the] renewal fee [for the license].
12-51          (c)  A person whose [If a person's] license has been expired
12-52    for more [longer] than 90 days but less than one year [two years,
12-53    the person] may renew the license by paying to the commission a
12-54    [all unpaid] renewal [fees and a] fee that is equal to two times
12-55    the normally required [the amount of the unpaid] renewal fee [fees
12-56    for the license].
12-57          (d)  A person whose [If a person's] license has been expired
12-58    for one year [two years] or more [longer, the person] may not renew
12-59    the license.  The person may obtain a new license by complying with
12-60    the requirements and procedures, including the examination
12-61    requirements, for obtaining an original license.
12-62          (e)  A person who was licensed in this state, moved to
12-63    another state, and is currently licensed and has been in practice
12-64    in the other state for the two years preceding the date of
12-65    application may obtain a new license without reexamination.  The
12-66    person must pay to the commission a fee that is equal to two times
12-67    the normally required renewal fee for the license.
12-68          (f)  Not later than the 30th day before the date a person's
12-69    license is scheduled to expire, the commission shall send written
 13-1    notice of the impending expiration to the person at the person's
 13-2    last known address according to the records of the commission.
 13-3          (g)  A renewal license will be issued to a licensee as soon
 13-4    as is practicable after compliance with this section, and
 13-5    fulfillment of insurance, examination, and seminar requirements
 13-6    established by this chapter, and submission of any information and
 13-7    data the commission may reasonably require.
 13-8          (h) [(f)]  Renewal [license] fees shall be nonrefundable.
 13-9          [(g)  At least 15 days before the expiration of a person's
13-10    license the commission shall notify the person in writing of the
13-11    impending license expiration and shall attempt to obtain from the
13-12    person a signed receipt confirming receipt of the notice.]
13-13          SECTION 24.  Subchapter D, Chapter 113, Natural Resources
13-14    Code, is amended by adding Section 113.096 to read as follows:
13-15          Sec. 113.096.  PROVISIONAL LICENSE.  (a)  The commission may
13-16    issue a provisional license to an applicant currently licensed in
13-17    another jurisdiction who seeks a license in this state and who:
13-18                (1)  has been licensed in good standing for at least
13-19    two years in another jurisdiction, including a foreign country,
13-20    that has licensing requirements substantially equivalent to the
13-21    requirements of this chapter;
13-22                (2)  has passed a national or other examination
13-23    recognized by the commission relating to the activities regulated
13-24    under this chapter; and
13-25                (3)  is sponsored by a person licensed by the
13-26    commission under this chapter with whom the provisional license
13-27    holder will practice during the time the person holds a provisional
13-28    license.
13-29          (b)  The commission may waive the requirement of Subsection
13-30    (a)(3) for an applicant if the commission determines that
13-31    compliance with that subsection would be a hardship to the
13-32    applicant.
13-33          (c)  A provisional license is valid until the date the
13-34    commission approves or denies the provisional license holder's
13-35    application for a license.  The commission shall issue a license
13-36    under this chapter to the provisional license holder if:
13-37                (1)  the provisional license holder is eligible to be
13-38    licensed under Section 113.095; or
13-39                (2)  the provisional license holder:
13-40                      (A)  passes the part of the examination under
13-41    Section 113.087 that relates to the applicant's knowledge and
13-42    understanding of the laws and rules relating to the activities
13-43    regulated under this chapter in this state;
13-44                      (B)  meets the academic and experience
13-45    requirements for a license under this chapter; and
13-46                      (C)  satisfies any other licensing requirements
13-47    under this chapter.
13-48          (d)  The commission must approve or deny a provisional
13-49    license holder's application for a license not later than the 180th
13-50    day after the date the provisional license is issued.  The
13-51    commission may extend the 180-day period if the results of an
13-52    examination have not been received by the commission before the end
13-53    of that period.
13-54          (e)  The commission may establish a fee for provisional
13-55    licenses in an amount reasonable and necessary to cover the cost of
13-56    issuing the license.
13-57          SECTION 25.  Subsections (d) and (h), Section 113.097,
13-58    Natural Resources Code, are amended to read as follows:
13-59          (d)  Each [category "C," "E," "H," or "J"] licensee under
13-60    Section 113.082(a)(3), (5), (8), or (10) must carry motor vehicle
13-61    bodily injury and property damage liability coverage on each motor
13-62    vehicle, including trailers and semitrailers, used to transport
13-63    LP-gas.  The commission shall establish by rule a reasonable amount
13-64    of coverage to be maintained, except that coverage shall not be
13-65    less than the amounts required as evidence of financial
13-66    responsibility under Chapter 601, Transportation Code.
13-67          (h)  As required by commission rule, a [category "A," "B,"
13-68    "C," "E," or "O"] licensee under Section 113.082(a)(1), (2), (3),
13-69    (5), or (15) must carry completed operations or products liability
 14-1    insurance, or both, in a reasonable amount, based on the type or
 14-2    types of licensed activities.
 14-3          SECTION 26.  Subsections (a) and (c), Section 113.098,
 14-4    Natural Resources Code, are amended to read as follows:
 14-5          (a)  As evidence that required insurance has been secured and
 14-6    is in force, certificates of insurance which are approved by the
 14-7    commission [division] shall be filed with the commission [division]
 14-8    before licensing, license renewal, and during the entire period
 14-9    that the license is in effect.  Any document filed with the
14-10    commission [division] in a timely manner which is not completed in
14-11    accordance with the instructions indicated on the insurance
14-12    certificate forms supplied by the commission [division], but which
14-13    complies with the substantive requirements of this section and with
14-14    the rules adopted under this section may be considered by the
14-15    commission [division] to be evidence that required insurance has
14-16    been secured and is in force for a temporary period not to exceed
14-17    45 days.  During this temporary period, a licensee shall file with
14-18    the commission [division] an amended certificate of insurance which
14-19    complies with all procedural and substantive requirements of this
14-20    section and the rules adopted hereunder.
14-21          (c)  Cancellation of a certificate of insurance becomes
14-22    effective on the occurrence of any of the following events and not
14-23    before:
14-24                (1)  commission [division] receipt of written notice
14-25    stating the insurer's intent to cancel a policy of insurance and
14-26    the passage of time equivalent to the notice period required by law
14-27    to be given the insured before the insurance cancellation;
14-28                (2)  receipt by the commission [division] of an
14-29    acceptable replacement insurance certificate;
14-30                (3)  voluntary surrender of a license and the rights
14-31    and privileges conferred by the license;
14-32                (4)  commission [division] receipt of a statement made
14-33    by a licensee stating that the licensee is not actively engaging in
14-34    any operations which require a particular type of insurance and
14-35    will not engage in those operations unless and until all
14-36    certificates of required insurance applicable to those operations
14-37    are filed with the commission [division]; or
14-38                (5)  written order of commission.
14-39          SECTION 27.  Subsections (a) through (d), Section 113.099,
14-40    Natural Resources Code, are amended to read as follows:
14-41          (a)  A [category "C," "E," "H," or "J"] licensee or an
14-42    applicant for a license under Sections 113.082(a)(3), (5), (8), or
14-43    (10) that does not operate or contemplate the operation of a motor
14-44    vehicle equipped with an LP-gas cargo container and does not
14-45    transport or contemplate the transportation of LP-gas by vehicle in
14-46    any manner, may make and file with the commission [division] a
14-47    statement to that effect in lieu of filing a certificate of motor
14-48    vehicle bodily injury and property damage insurance.
14-49          (b)  A licensee or an applicant for a license that does not
14-50    engage in or contemplate engaging in any operations which would be
14-51    covered by general liability insurance for a period of time may
14-52    make and file with the commission [division] a statement to that
14-53    effect in lieu of filing a certificate of general liability
14-54    insurance.
14-55          (c)  A licensee or an applicant for a license that does not
14-56    employ or contemplate the hiring of an employee or employees to be
14-57    engaged in LPG-related activities in this state may make and file
14-58    with the commission [division] a statement to that effect in lieu
14-59    of filing evidence of coverage of workers' compensation or other
14-60    alternative form of coverage as provided in this subchapter.
14-61          (d)  A [category "A," "B," "C," "E," or "O"] licensee or an
14-62    applicant for a license under Section 113.082(a)(1), (2), (3), (5),
14-63    or (15) that does not engage in or contemplate engaging in any
14-64    LP-gas operations which would be covered by completed operations or
14-65    products liability insurance, or both, for a period of time may
14-66    make and file with the commission [division] a statement to that
14-67    effect in lieu of filing a certificate of insurance.
14-68          SECTION 28.  The heading to Subchapter F, Chapter 113,
14-69    Natural Resources Code, is amended to read as follows:
 15-1     SUBCHAPTER F.  DISCIPLINARY ACTION [SUSPENSION AND REVOCATION OF
 15-2                        LICENSES AND REGISTRATIONS]
 15-3          SECTION 29.  Subsection (e), Section 113.161, Natural
 15-4    Resources Code, is amended to read as follows:
 15-5          (e)  If the commission [or division] determines that the
 15-6    probable violation or noncompliance constitutes an immediate danger
 15-7    to the public health, safety, and welfare, it shall require the
 15-8    immediate cessation of the probable violation or noncompliance and
 15-9    proceed with a hearing as provided in Section 113.162 of this code.
15-10          SECTION 30.  Section 113.163, Natural Resources Code, is
15-11    amended to read as follows:
15-12          Sec. 113.163.  FINDINGS AND JUDGMENT.  (a)  The [If the]
15-13    commission shall revoke, suspend, or refuse to renew a license or
15-14    registration or shall reprimand a licensee or registrant if the
15-15    commission finds that the licensee or registrant has violated or
15-16    failed to comply with or is violating or failing to comply with
15-17    this chapter or a rule or standard promulgated and adopted under
15-18    this chapter[, or both, the commission may suspend the license or
15-19    registration for a definite period not to exceed 90 days or may
15-20    revoke the license or registration.  If the commission determines
15-21    that no violation has occurred or is occurring, its order shall so
15-22    state.  Whenever a license or registration is revoked by order of
15-23    the commission, a new license or registration shall not be issued
15-24    for at least 90 days from the effective date of the order.  Such
15-25    time period shall be stated in the order].
15-26          (b)  The commission may place on probation a person whose
15-27    license or registration is [has been] suspended.  If a license or
15-28    registration suspension is probated, the commission may require the
15-29    person:
15-30                (1)  to report regularly to the commission on matters
15-31    that are the basis of the probation;
15-32                (2)  to limit practice to the areas prescribed by the
15-33    commission; or
15-34                (3)  to continue or review professional education until
15-35    the person attains a degree of skill satisfactory to the commission
15-36    in those areas that are the basis of the [under Subsection (a)  of
15-37    this section for a definite period not to exceed one year, but if
15-38    the commission does place the licensee or registrant on probation
15-39    and does allow him to continue to operate, the fact that the
15-40    license or registration has been suspended and the licensee or
15-41    registrant has been put on probation shall appear in the records of
15-42    the commission relating to the suspension and] probation.
15-43          SECTION 31.  Subsection (b), Section 113.233, Natural
15-44    Resources Code, is amended to read as follows:
15-45          (b)  Any authorized representative of the commission [LP-Gas
15-46    Division] may enter any buildings or premises where an accident has
15-47    occurred in which LP-gas was a probable cause for purposes of
15-48    investigating the cause, origin, and circumstances of such
15-49    accident.  The commission [LP-Gas Division] may request that any
15-50    state or local authority having jurisdiction take appropriate
15-51    action, to the extent permitted by law, as may be necessary for
15-52    preservation of property and premises.
15-53          SECTION 32.  Subsection (b), Section 113.243, Natural
15-54    Resources Code, as amended by Section 2, Chapter 496, Acts of the
15-55    75th Legislature, Regular Session, 1997, is amended to read as
15-56    follows:
15-57          (b)  The fund consists of money from:
15-58                (1)  fees charged under this subchapter;
15-59                (2)  the penalties for the late payment of the fee
15-60    charged under this subchapter;
15-61                (3)  gifts, grants, or other assistance received by the
15-62    commission from any source for the purposes of this subchapter;
15-63                (4)  interest earned on amounts in the fund;
15-64                (5)  amounts collected by the commission under an
15-65    agreement with another state in accordance with Section 113.246(e);
15-66    [and]
15-67                (6)  assessments, rebates on assessments, and other
15-68    money collected by the commission under the Propane Education and
15-69    Research Act of 1996 (15 U.S.C. Section 6401 et seq.) or other
 16-1    applicable federal law; and
 16-2                (7)  fees, royalties, or other things of value received
 16-3    from the items described by Subsections (f)(1)(A)-(D).
 16-4          SECTION 33.  Section 113.243, Natural Resources Code, is
 16-5    amended by amending Subsections (c) and (d) and adding Subsections
 16-6    (f) and (g) to read as follows:
 16-7          (c)  The fund may be used only by the commission to pay for
 16-8    activities relating to the specific fuel from which the fee,
 16-9    royalty, or other thing of value was derived or the specific fuel,
16-10    if any, for which the gift, grant, or other assistance is given,
16-11    including direct and indirect costs relating to:
16-12                (1)  researching all possible uses of LPG and other
16-13    environmentally beneficial alternative fuels to enhance air
16-14    quality;
16-15                (2)  researching, developing, and implementing
16-16    marketing, advertising, and informational programs relating to
16-17    alternative fuels to make alternative fuels more understandable and
16-18    readily available to consumers;
16-19                (3)  developing and implementing conservation and
16-20    distribution plans to minimize the frequency and severity of
16-21    disruptions in the supply of alternative fuels;
16-22                (4)  developing a public information plan that will
16-23    provide advisory services relating to alternative fuels to
16-24    consumers;
16-25                (5)  developing voluntary participation plans to
16-26    promote the use of alternative fuels by federal, state, and local
16-27    agencies;
16-28                (6)  implementing consumer incentive or rebate programs
16-29    developed pursuant to Section 113.2435 of this subchapter;
16-30                (7)  other functions the commission determines are
16-31    necessary to add a program established by the commission for the
16-32    purpose of promoting the use of LPG or other environmentally
16-33    beneficial alternative fuels; and
16-34                (8)  the administrative costs incurred by the
16-35    commission under this subchapter.
16-36          (d)  If a specific fee, royalty, gift, grant, other thing of
16-37    value, or other assistance is designated for or collected from
16-38    discrete components of the alternative fuels industry, the fee,
16-39    royalty, gift, grant, other thing of value, or other assistance
16-40    shall be deposited in a separate account in the fund.
16-41          (f)  The commission may:
16-42                (1)  apply for, register, secure, hold, and protect
16-43    under the laws of a state, the United States, or a foreign country
16-44    a patent, copyright, trademark, or other evidence of protection or
16-45    exclusivity issued for an idea, publication, or other original
16-46    innovation fixed in a tangible medium, including:
16-47                      (A)  a logo;
16-48                      (B)  a service mark;
16-49                      (C)  a study;
16-50                      (D)  an engineering, architectural, or graphic
16-51    design;
16-52                      (E)  a manual;
16-53                      (F)  automated systems software;
16-54                      (G)  an audiovisual work; or
16-55                      (H)  a sound recording;
16-56                (2)  enter into a license agreement with a third party
16-57    in return for a fee, royalty, or other thing of value; and
16-58                (3)  waive or reduce the amount of a fee, royalty, or
16-59    other thing of value to be assessed if the commission determines
16-60    that the waiver will:
16-61                      (A)  further the goals and missions of the
16-62    commission's division responsible for alternative fuels research
16-63    and education; and
16-64                      (B)  result in a net benefit to the state.
16-65          (g)  Money received under Subsection (f) shall be deposited
16-66    in a separate account in the fund as provided by Subsection (d),
16-67    except that any money received by the commission from the items
16-68    described by Subsections (f)(1)(E)-(H) shall be deposited in the
16-69    general revenue fund.
 17-1          SECTION 34.  Subchapter J, Chapter 113, Natural Resources
 17-2    Code, as added by Chapter 80, Acts of the 73rd Legislature, Regular
 17-3    Session, 1993, is redesignated as Subchapter K, and the heading to
 17-4    that subchapter is amended to read as follows:
 17-5              SUBCHAPTER K [J].  LIABILITY OF LICENSE HOLDER
 17-6          SECTION 35.  Subchapter B, Chapter 116, Natural Resources
 17-7    Code, is amended by adding Section 116.016 to read as follows:
 17-8          Sec. 116.016.  LIMITATIONS ON RULEMAKING AUTHORITY.  (a)  The
 17-9    commission may not adopt rules restricting advertising or
17-10    competitive bidding by a licensee or registrant except to prohibit
17-11    false, misleading, or deceptive practices.
17-12          (b)  In its rules to prohibit false, misleading, or deceptive
17-13    practices, the commission may not include a rule that:
17-14                (1)  restricts the use of any medium for advertising;
17-15                (2)  restricts the use of a licensee or registrant's
17-16    personal appearance or voice in an advertisement;
17-17                (3)  relates to the size or duration of an
17-18    advertisement by the licensee or registrant; or
17-19                (4)  restricts the licensee or registrant's
17-20    advertisement under a trade name.
17-21          SECTION 36.  Subsection (b), Section 116.032, Natural
17-22    Resources Code, is amended to read as follows:
17-23          (b)  The commission by rule may establish reasonable fees for
17-24    each category of license.  [A license fee may not exceed $1,000.]
17-25          SECTION 37.  Section 116.033, Natural Resources Code, is
17-26    amended to read as follows:
17-27          Sec. 116.033.  APPLICATION AND RENEWAL PROCEDURES.  (a)  The
17-28    commission shall adopt rules establishing procedures for submitting
17-29    and processing applications for issuance and renewal of licenses
17-30    and for registration.
17-31          (b)  A person who is otherwise eligible to renew a license or
17-32    registration may renew an unexpired license or registration by
17-33    paying the required renewal fee to the commission before the
17-34    expiration date of the license or registration.  A person whose
17-35    license or registration has expired may not engage in activities
17-36    that require a license or registration until the license or
17-37    registration has been renewed.
17-38          (c)  A person whose license or registration has been expired
17-39    for 90 days or less may renew the license or registration by paying
17-40    to the commission a renewal fee that is equal to 1-1/2 times the
17-41    normally required renewal fee.
17-42          (d)  A person whose license or registration has been expired
17-43    for more than 90 days but less than one year may renew the license
17-44    or registration by paying to the commission a renewal fee that is
17-45    equal to two times the normally required renewal fee.
17-46          (e)  A person whose license or registration has been expired
17-47    for one year or more may not renew the license or registration.
17-48    The person may obtain a new license or registration by complying
17-49    with the requirements and procedures, including the examination
17-50    requirements, for obtaining an original license or registration.
17-51          (f)  A person who was licensed or registered in this state,
17-52    moved to another state, and is currently licensed or registered and
17-53    has been in practice in the other state for the two years preceding
17-54    the date of application may obtain a new license or registration
17-55    without reexamination.  The person must pay to the commission a fee
17-56    that is equal to two times the normally required renewal fee for
17-57    the license or registration.
17-58          (g)  Not later than the 30th day before the date a person's
17-59    license or registration is scheduled to expire, the commission
17-60    shall send written notice of the impending expiration to the person
17-61    at the person's last known address according to the records of the
17-62    commission.
17-63          SECTION 38.  Section 116.034, Natural Resources Code, is
17-64    amended by adding Subsections (d) through (h) to read as follows:
17-65          (d)  Not later than the 30th day after the date a person
17-66    takes a licensing or registration examination under this chapter,
17-67    the commission shall notify the person of the results of the
17-68    examination.
17-69          (e)  If the examination is graded or reviewed by a testing
 18-1    service:
 18-2                (1)  the commission shall notify the person of the
 18-3    results of the examination not later than the 14th day after the
 18-4    date the commission receives the results from the testing service;
 18-5    and
 18-6                (2)  if notice of the examination results will be
 18-7    delayed for longer than 90 days after the examination date, the
 18-8    commission shall notify the person of the reason for the delay
 18-9    before the 90th day.
18-10          (f)  The commission may require a testing service to notify a
18-11    person of the results of the person's examination.
18-12          (g)  If requested in writing by a person who fails a
18-13    licensing or registration examination administered under this
18-14    chapter, the commission shall furnish the person with an analysis
18-15    of the person's performance on the examination.
18-16          (h)  The commission shall recognize, prepare, or administer
18-17    continuing education programs for its licensees and registrants.  A
18-18    licensee or registrant must participate in the programs to the
18-19    extent required by the commission to keep the person's license.
18-20          SECTION 39.  Subchapter C, Chapter 116, Natural Resources
18-21    Code, is amended by adding Sections 116.0345 and 116.0346 to read
18-22    as follows:
18-23          Sec. 116.0345.  LICENSE OR REGISTRATION BY ENDORSEMENT.  The
18-24    commission may waive any prerequisite to obtaining a license or
18-25    registration for an applicant after reviewing the applicant's
18-26    credentials and determining that the applicant holds a license or
18-27    registration issued by another jurisdiction that has licensing
18-28    requirements substantially equivalent to those of this state.
18-29          Sec. 116.0346.  PROVISIONAL LICENSE OR REGISTRATION.
18-30    (a)  The commission may issue a provisional license or registration
18-31    to an applicant currently licensed or registered in another
18-32    jurisdiction who seeks a license or registration in this state and
18-33    who:
18-34                (1)  has been licensed or registered in good standing
18-35    for at least two years in another jurisdiction, including a foreign
18-36    country, that has licensing or registration requirements
18-37    substantially equivalent to the requirements of this chapter;
18-38                (2)  has passed a national or other examination
18-39    recognized by the commission relating to the activities regulated
18-40    under this chapter; and
18-41                (3)  is sponsored by a person licensed or registered by
18-42    the commission under this chapter with whom the provisional license
18-43    or registration holder will practice during the time the person
18-44    holds a provisional license or registration.
18-45          (b)  The commission may waive the requirement of Subsection
18-46    (a)(3) for an applicant if the commission determines that
18-47    compliance with that subsection would be a hardship to the
18-48    applicant.
18-49          (c)  A provisional license or registration is valid until the
18-50    date the commission approves or denies the provisional license or
18-51    registration holder's application for a license or registration.
18-52    The commission shall issue a license or registration under this
18-53    chapter to the provisional license or registration holder if:
18-54                (1)  the provisional license or registration holder is
18-55    eligible to be licensed or registered under Section 116.0345; or
18-56                (2)  the provisional license or registration holder:
18-57                      (A)  passes the part of the examination under
18-58    Section 116.034 that relates to the applicant's knowledge and
18-59    understanding of the laws and rules relating to the activities
18-60    regulated under this chapter in this state;
18-61                      (B)  meets the academic and experience
18-62    requirements for a license or registration under this chapter; and
18-63                      (C)  satisfies any other licensing or
18-64    registration requirements under this chapter.
18-65          (d)  The commission must approve or deny a provisional
18-66    license or registration holder's application for a license or
18-67    registration not later than the 180th day after the date the
18-68    provisional license or registration is issued.  The commission may
18-69    extend the 180-day period if the results of an examination have not
 19-1    been received by the commission before the end of that period.
 19-2          (e)  The commission may establish a fee for provisional
 19-3    licenses or registrations in an amount reasonable and necessary to
 19-4    cover the cost of issuing the license or registration.
 19-5          SECTION 40.  The heading to Section 116.037, Natural
 19-6    Resources Code, is amended to read as follows:
 19-7          Sec. 116.037.  DISCIPLINARY ACTION [SUSPENSION AND REVOCATION
 19-8    OF LICENSE].
 19-9          SECTION 41.  Section 116.037, Natural Resources Code, is
19-10    amended by amending Subsections (f) and (g) and adding Subsection
19-11    (h) to read as follows:
19-12          (f)  The [If the] commission shall revoke, suspend, or refuse
19-13    to renew the license or registration or shall reprimand the
19-14    licensee or registrant if the commission finds that the licensee or
19-15    registrant has violated or failed to comply with or is violating or
19-16    failing to comply with this chapter or a rule adopted under this
19-17    chapter[, the commission may suspend the license or registration
19-18    for a definite period not to exceed 90 days or may revoke the
19-19    license].
19-20          (g)  The commission may place on probation a person whose
19-21    license or registration is suspended.  If a license or registration
19-22    suspension is probated, the commission may require the person:
19-23                (1)  to report regularly to the commission on matters
19-24    that are the basis of the probation;
19-25                (2)  to limit practice to the areas prescribed by the
19-26    commission; or
19-27                (3)  to continue or review professional education until
19-28    the person attains a degree of skill satisfactory to the commission
19-29    in those areas that are the basis of the probation.
19-30          (h)  Any party to a proceeding before the commission is
19-31    entitled to judicial review under the substantial evidence rule.
19-32          SECTION 42.  Subtitle D, Title 3, Natural Resources Code, is
19-33    amended by adding Chapter 118 to read as follows:
19-34               CHAPTER 118.  PIPELINE ASSESSMENT AND TESTING
19-35          Sec. 118.001.  AUTHORITY TO REQUIRE PLAN FOR PIPELINE
19-36    ASSESSMENT OR TESTING.  (a)  The Railroad Commission of Texas by
19-37    rule may require an operator to file for commission approval a plan
19-38    for assessment or testing of a pipeline if the commission finds
19-39    that:
19-40                (1)  there is reason to believe that the pipeline may
19-41    present a hazard to public health or safety;
19-42                (2)  the commission lacks adequate information to
19-43    assess the risk to public health or safety presented by the
19-44    pipeline; or
19-45                (3)  a plan is necessary for the commission to initiate
19-46    or complete a pipeline safety investigation.
19-47          (b)  The Railroad Commission of Texas may take enforcement
19-48    action against a person who fails to:
19-49                (1)  submit a required plan; or
19-50                (2)  participate in a pipeline safety investigation.
19-51          Sec. 118.002.  PIPELINES FOR WHICH PLAN MAY BE REQUIRED.  The
19-52    rules adopted under this chapter may apply to interstate pipelines,
19-53    intrastate pipelines, portions of pipeline systems the regulation
19-54    of which the federal government has temporarily delegated to the
19-55    Railroad Commission of Texas, or gathering lines, and to pipelines
19-56    for the transportation of any substance or material under the
19-57    jurisdiction of the commission, as specified by the commission.
19-58          Sec. 118.003.  CONTENTS OF PLAN.  The rules adopted under
19-59    this chapter may require that a plan include:
19-60                (1)  an identification of risk factors associated with
19-61    a pipeline system, including population density;
19-62                (2)  information about prior inspections and
19-63    maintenance;
19-64                (3)  information about pressure tests;
19-65                (4)  information about leaks;
19-66                (5)  information about operating characteristics;
19-67                (6)  information about corrosion protection methods;
19-68    and
19-69                (7)  other information that may assist the Railroad
 20-1    Commission of Texas in assessing the risk to public health or
 20-2    safety presented by the pipeline.
 20-3          Sec. 118.004.  APPROVAL OF PLAN.  The Railroad Commission of
 20-4    Texas may approve a plan that complies with rules adopted under
 20-5    this chapter.
 20-6          Sec. 118.005.  CONSEQUENCES OF PLAN APPROVAL.  The approval
 20-7    of a plan by the Railroad Commission of Texas does not constitute a
 20-8    certification or representation that the pipeline is in compliance
 20-9    with or exempt from applicable safety standards.
20-10          SECTION 43.  Subchapter A, Chapter 102, Utilities Code, is
20-11    amended by adding Section 102.006 to read as follows:
20-12          Sec. 102.006.  POWERS AND DUTIES OF STATE OFFICE OF
20-13    ADMINISTRATIVE HEARINGS.  (a)  The utility division of the State
20-14    Office of Administrative Hearings shall conduct each hearing in a
20-15    contested case that is not conducted by one or more members of the
20-16    railroad commission.
20-17          (b)  The railroad commission may delegate to the utility
20-18    division of the State Office of Administrative Hearings the
20-19    authority to make a final decision and to issue findings of fact,
20-20    conclusions of law, and other necessary orders in a proceeding in
20-21    which there is not a contested issue of fact or law.
20-22          (c)  The railroad commission by rule shall define the
20-23    procedures by which it delegates final decision-making authority
20-24    under Subsection (b).
20-25          (d)  For purposes of judicial review, an administrative law
20-26    judge's final decision under Subsection (b) has the same effect as
20-27    a final decision of the railroad commission unless a member of the
20-28    commission requests formal review of the decision.
20-29          SECTION 44.  Section 104.107, Utilities Code, is amended by
20-30    amending Subsection (b) and adding Subsection (c) to read as
20-31    follows:
20-32          (b)  The 150-day period prescribed by Subsection (a)(2) shall
20-33    be extended for two days for each day the actual hearing on the
20-34    merits of the case exceeds 15 days.
20-35          (c)  If the regulatory authority does not make a final
20-36    determination concerning a schedule of rates before expiration of
20-37    the applicable suspension period, the regulatory authority is
20-38    considered to have approved the schedule.  This approval is subject
20-39    to the authority of the regulatory authority thereafter to continue
20-40    a hearing in progress.
20-41          SECTION 45.  Section 121.206, Utilities Code, is amended by
20-42    amending Subsection (c) and adding Subsection (d) to read as
20-43    follows:
20-44          (c)  In determining the amount of the penalty, the railroad
20-45    commission shall consider the guidelines adopted under Subsection
20-46    (d).
20-47          (d)  The railroad commission by rule shall adopt guidelines
20-48    to be used in determining the amount of a penalty under this
20-49    subchapter.  The guidelines shall include a penalty calculation
20-50    worksheet that specifies the typical penalty for certain
20-51    violations, circumstances justifying enhancement of a penalty and
20-52    the amount of the enhancement, and circumstances justifying a
20-53    reduction in a penalty and the amount of the reduction.  The
20-54    guidelines shall take into account:
20-55                (1)  the person's history of previous violations of
20-56    Section 121.201 or a safety standard or rule relating to the
20-57    transportation of gas and gas pipeline facilities adopted under
20-58    that section, including the number of previous violations;
20-59                (2)  the seriousness of the violation and of any
20-60    pollution resulting from the violation; [and]
20-61                (3)  any hazard to the health or safety of the public;
20-62                (4)  the degree of culpability;
20-63                (5)  the demonstrated good faith of the person charged;
20-64    and
20-65                (6)  any other factor the commission considers
20-66    relevant.
20-67          SECTION 46.  Subchapter C, Chapter 2003, Government Code, is
20-68    amended by adding Section 2003.0491 to read as follows:
20-69          Sec. 2003.0491.  RAILROAD COMMISSION HEARINGS.  The utility
 21-1    division shall conduct contested case hearings and may make final
 21-2    decisions and issue findings of fact, conclusions of law, and other
 21-3    necessary orders in other proceedings on behalf of the Railroad
 21-4    Commission of Texas as provided by Section 102.006, Utilities Code.
 21-5    The provisions of Section 2003.049 apply to a proceeding under this
 21-6    section except as otherwise provided by Section 102.006, Utilities
 21-7    Code.
 21-8          SECTION 47.  The following laws are repealed:
 21-9                (1)  Chapter 93, Natural Resources Code;
21-10                (2)  Subdivision (2), Section 113.002, and Sections
21-11    113.012 and 113.013, Natural Resources Code;
21-12                (3)  Subsection (b), Section 113.243, Natural Resources
21-13    Code, as amended by Section 1, Chapter 496, Acts of the 75th
21-14    Legislature, Regular Session, 1997; and
21-15                (4)  Section 113.246, Natural Resources Code, as
21-16    amended by Section 6, Chapter 496, Acts of the 75th Legislature,
21-17    Regular Session, 1997.
21-18          SECTION 48.  (a)  Except as otherwise provided by this Act,
21-19    this Act takes effect September 1, 2001.
21-20          (b)  Section 102.006, Utilities Code, as added by this Act,
21-21    and Section 2003.0491, Government Code, as added by this Act, apply
21-22    only to a contested case filed at the Railroad Commission of Texas
21-23    on or after the effective date of this Act.  A contested case filed
21-24    at the commission before that date is governed by the law in effect
21-25    at the time the case is filed, and the former law is continued in
21-26    effect for that purpose.
21-27                                 * * * * *