Amend CSHB 2702 (Senate committee printing) by adding the 
following appropriately numbered SECTIONS to Article 1 of the bill 
and renumbering subsequent SECTIONS of Article 1 as appropriate:
	SECTION ____.  Effective October 1, 2005, 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 and the regulation of railroads are 
transferred to the Texas Department of Transportation.
	(c)  A reference in law to the Railroad Commission of Texas 
that relates to railroads and the regulation of railroads means the 
Texas Department of Transportation.
	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.
	SECTION ____.  As soon as possible after the effective date 
of this article but before October 1, 2005, the Railroad Commission 
of Texas shall determine and report to the Texas Department of 
Transportation on:
		(1)  which obligations, contracts, records, assets, 
and property of the Railroad Commission of Texas relate primarily 
to railroads and the regulation of railroads; and
		(2)  which employees of the Railroad Commission of 
Texas perform duties that relate primarily to railroads and the 
regulation of railroads.