79R6021 MTB-D

By:  Van Arsdale                                                  H.B. No. 1702


A BILL TO BE ENTITLED
AN ACT
relating to transferring the powers and duties over railroads from the Railroad Commission of Texas to the Texas Department of Transportation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Effective November 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 2. (a) On November 1, 2005: (1) all powers, duties, obligations, rights, contracts, leases, records, assets, property, funds, and appropriations of the Railroad Commission of Texas that relate primarily to railroads and the regulation of railroads are transferred to the Texas Department of Transportation; (2) all rules, policies, forms, procedures, and decisions of the Railroad Commission of Texas 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; (3) all full-time employees of the Railroad Commission of Texas who primarily perform functions related to railroads and the regulation of railroads become employees of the Texas Department of Transportation; and (4) any investigation, complaint, action, contested case, or other proceeding involving the Railroad Commission of Texas that 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. (b) 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 3. 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, this Act takes effect September 1, 2005.