C.S.H.B. 2846 78(R) BILL ANALYSIS C.S.H.B. 2846 By: Farabee Energy Resources Committee Report (Substituted) BACKGROUND AND PURPOSE The 77th Legislative Session, at the suggestion of the Sunset Commission, set statutes that required all gas utility contested cases to be heard by the State Office of Administrative Hearings (SOAH). The Legislature appropriated $494,100 for the Fiscal Year 2002-2003 biennium to the Railroad Commission of Texas to pay SOAH for this hearings service. As a cost savings measure for the Railroad Commission, the Railroad Commission staff needs to resume the hearings function within the Railroad Commission. CSHB 2846 returns the duty of hearing gas utility cases back in the hands of the Railroad Commission thereby eliminating the need for full appropriation. HB 2846 repeals the law requiring SOAH to hear gas utility contested cases and gives this function back to the Railroad Commission. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS SECTION 1. The following are repealed: (1.) Section 102.006, Utilities Code; and (2.) Section 2003.0491, Government Code. SECTION 2. (a) This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, the Act takes effect September 1, 2003. (b) This Act applies to a hearing pending before the State Office of Administrative Hearing on the effective date of this Act under Section 102.006, Utilities Code, as that section existed immediately before the effective date of this Act. A hearing pending before the State Office of Administrative Hearings on the effective date of this Act under Section 102.006, Utilities Code, is transferred to the Railroad Commission of Texas on that date. EFFECTIVE DATE a) This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, the Act takes effect September 1, 2003. (b) This Act applies to a hearing pending before the State Office of Administrative Hearing on the effective date of this Act under Section 102.006, Utilities Code, as that section existed immediately before the effective date of this Act. A hearing pending before the State Office of Administrative Hearings on the effective date of this Act under Section 102.006, Utilities Code, is transferred to the Railroad Commission of Texas on that date. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 2 added language so that the effective date of House Bill 2846 can take immediate if the Act receives the necessary two-thirds vote.