Amend CSHB 3588 by adding the following appropriately 
numbered ARTICLE to the bill and renumbering subsequent ARTICLES 
appropriately:

ARTICLE __.  TRANSFER OF POWER AND AUTHORITY OVER RAILROADS
	SECTION __.01.  Article 6445, Revised Statutes, is amended 
to read as follows:
	Art. 6445.  POWER AND AUTHORITY.  (a) Power and authority 
are hereby conferred upon the Texas Department of Transportation
[Railroad Commission of Texas] over all railroads, and suburban, 
belt and terminal railroads, and over all public wharves, docks, 
piers, elevators, warehouses, sheds, tracks and other property used 
in connection therewith in this State, and over all persons, 
associations and corporations, private or municipal, owning or 
operating such railroad, wharf, dock, pier, elevator, warehouse, 
shed, track or other property to fix, and it is hereby made the duty 
of the said department [Commission] to adopt all necessary rates, 
charges and regulations, to govern and regulate such railroads, 
persons, associations and corporations, and to correct abuses and 
prevent unjust discrimination in the rates, charges and tolls of 
such railroads, persons, associations and corporations, and to fix 
division of rates, charges and regulations between railroads and 
other utilities and common carriers where a division is proper and 
correct, and to prevent any and all other abuses in the conduct of 
their business and to do and perform such other duties and details 
in connection therewith as may be provided by law.
	(b)  All powers and duties of the Railroad Commission of 
Texas that relate to railroads are transferred to the Texas 
Department of Transportation.
	(c)  All personnel, property, assets, contracts, and 
obligations of the Railroad Commission of Texas, including funds 
appropriated by the legislature, that relate to railroads are 
transferred to the Texas Department of Transportation.  The 
validity of a prior action of the commission that relates to 
railroads is not affected by the transfer.
	(d)  All rules and forms of the Railroad Commission of Texas 
that relate to railroads remain in effect as rules or forms of the 
Texas Department of Transportation until amended or repealed by the 
department.
	(e)  A reference in law to the Railroad Commission of Texas 
that relates to railroads means the Texas Department of 
Transportation.
	(f)  A complaint, investigation, or contested case pending 
before the Railroad Commission of Texas that is related to 
railroads is transferred without change in status to the Texas 
Department of Transportation.
	SECTION __.02.  (a)  On September 1, 2003, the Texas 
Department of Transportation replaces the Railroad Commission of 
Texas as the  governmental entity with power and authority over 
railroads.
	(b)  Before September 1, 2003, the Texas Department of 
Transportation shall determine:
		(1)  which actions of the Railroad Commission of Texas 
relate to the commission's power and authority over railroads;
		(2)  which property of the Railroad Commission of Texas 
relates to the commission's power and authority over railroads;
		(3)  which employees of the Railroad Commission of 
Texas primarily perform duties that relate to railroads and whether 
an employee who performs duties that relate to railroads:
			(A)  shall become an employee of the Texas 
Department of Transportation;   
			(B)  must reapply with the Texas Department of 
Transportation for a comparable employment position; or
			(C)  shall be terminated; and                                                
		(4)  which funds and obligations of the Railroad 
Commission of Texas relate to the commission's power and authority 
over railroads.