Amend HB 1816 (engrossed version) as follows:                                
	(1)  Strike SECTION 2 of the bill and renumber subsequent 
SECTIONS of the bill as appropriate.
	(2)  In SECTION 4 of the bill (page 3, line 27), strike 
"provided by SECTION 1 of this Act" and substitute "otherwise 
provided".
	(3)  Add the following appropriately numbered SECTIONS to 
the bill and renumber subsequent SECTIONS as appropriate:
	SECTION __.  (a)  The legislature finds that the transfer of 
powers and duties over railroads from the Railroad Commission of 
Texas to the Texas Department of Transportation results in an 
agency that has a name that no longer reflects the administrative 
and executive jurisdiction of the agency.  The changes in law made 
by this Act provide that the Railroad Commission of Texas no longer 
has powers and duties over railroads, but primarily over 
energy-related issues.
	(b)  The legislature also finds that the subject of this Act, 
as discerned from the body of this Act, makes the renaming of the 
Railroad Commission of Texas relevant, appropriate, and in the 
natural and logical sequence to the subject matter and original 
purpose of this Act.
	SECTION __.  Effective October 1, 2005, 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)  Except as provided by Subsection (c), Article 6445, 
Revised Statutes, a reference in law to the Railroad Commission of 
Texas means the Texas Energy Commission.
	(c)  The Texas Energy Commission is the successor agency to 
the Railroad Commission of Texas under Section 30(b),  Article XVI, 
Texas Constitution.
	SECTION __.  (a)  Effective October 1, 2005:                                   
		(1)  the name of the Railroad Commission of Texas is 
changed to the Texas Energy Commission;
		(2)  all powers, duties, obligations, rights, 
contracts, leases, records, assets, property, funds, and 
appropriations of the Railroad Commission of Texas:
			(A)  that do not primarily relate to railroads and 
the regulation of railroads are the powers, duties, obligations, 
rights, contracts, leases, records, assets, property, funds, and 
appropriations of the Texas Energy Commission; and
			(B)  that primarily relate to railroads and the 
regulation of railroads are the powers, duties, obligations, 
rights, contracts, leases, records, assets, property, funds, and 
appropriations of the Texas Department of Transportation;
		(3)  all rules, policies, forms, procedures, and 
decisions of the Railroad Commission of Texas:
			(A)  that do not relate primarily to railroads and 
the regulation of railroads are continued in effect as rules, 
policies, forms, procedures, and decisions of the Texas Energy 
Commission until superseded by a rule or other appropriate action 
of the Texas Energy Commission; and
			(B)  that relate primarily to railroads and the 
regulation of railroads are continued in effect as rules, policies, 
forms, procedures, and decisions of the Texas Department of 
Transportation until superseded by a rule or other appropriate 
action of the Texas Department of Transportation;
		(4)  all full-time employees of the Railroad Commission 
of Texas:           
			(A)  who do not primarily perform functions 
related to railroads and the regulation of railroads become 
employees of the Texas Energy Commission; and
			(B)  who primarily perform functions related to 
railroads and the regulation of railroads become employees of the 
Texas Department of Transportation;
		(5)  any investigation, complaint, action, contested 
case, or other proceeding involving the Railroad Commission of 
Texas that:
			(A)  does not relate primarily to railroads and 
the regulation of railroads is transferred without change in status 
to the Texas Energy Commission, and the Texas Energy Commission 
assumes, without a change in status, the position of the Railroad 
Commission of Texas in any investigation, complaint, action, 
contested case, or other proceeding that does not relate primarily 
to railroads and the regulation of railroads involving the Railroad 
Commission of Texas; and
			(B)  relates primarily to railroads and the 
regulation of railroads is transferred without change in status to 
the Texas Department of Transportation, and the Texas Department of 
Transportation assumes, without a change in status, the position of 
the Railroad Commission of Texas in any investigation, complaint, 
action, contested case, or other proceeding that relates primarily 
to railroads and the regulation of railroads involving the Railroad 
Commission of Texas; and
		(6)  a member of the Railroad Commission of Texas is a 
member of the Texas Energy Commission.
	(b) The Railroad Commission of Texas shall adopt a timetable 
for phasing in the change of the agency's name so as to minimize the 
fiscal impact of the name change.  Until October 1, 2005, to allow 
for phasing in the change of the agency's name and in accordance 
with the timetable established as required by this section, the 
agency may perform any act authorized by law for the Railroad 
Commission of Texas as the Railroad Commission of Texas or as the 
Texas Energy Commission.  Any act of the Railroad Commission of 
Texas acting as the Texas Energy Commission after the effective 
date of this Act and before October 1, 2005, is an act of the 
Railroad Commission of Texas.
	 (c)  The transfer of the powers and duties of the Railroad 
Commission of Texas that relate primarily to railroads and the 
regulation of railroads to the Texas Department of Transportation 
does not affect the validity of a right, privilege, or obligation 
accrued, a contract or acquisition made, any liability incurred, a 
permit or license issued, a penalty, forfeiture, or punishment 
assessed, a rule adopted, a proceeding, investigation, or remedy 
begun, a decision made, or other action taken by or in connection 
with the Railroad Commission of Texas.