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 The following are repealed: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.