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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.