78R8733 MTB-D

By:  Farabee                                                      H.B. No. 2848



A BILL TO BE ENTITLED
AN ACT


relating to transferring power and authority over railroads from 
the Railroad Commission of Texas to the Texas Department of 
Transportation and renaming the Railroad Commission of Texas as the 
Texas Energy Commission.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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, and obligations of the 
Railroad Commission of Texas 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 abolishment.
	(d)  All rules of the Railroad Commission of Texas that 
relate to railroads remain in effect as rules 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Department of Transportation until amended or repealed by the 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.
	SECTION 2.  Subchapter A, Chapter 81, Natural Resources 
Code, is amended by adding Section 81.002 to read as follows:
	Sec. 81.002.  TEXAS ENERGY COMMISSION.  (a)  The Railroad 
Commission of Texas is renamed the Texas Energy Commission.
	(b)  A reference in law to the Railroad Commission of Texas, 
other than a reference to the commission's power or authority over 
railroads, means the Texas Energy Commission.
	SECTION 3.  This Act takes effect September 1, 2003.