By:  West                                                         H.B. No. 1816



A BILL TO BE ENTITLED

AN ACT

relating to the transfer of 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 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 2.  (a)  On October 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)  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; and
		(4)  all employees of the Railroad Commission of Texas 
that perform duties relating primarily to railroads and the 
regulation of railroads become employees of the Texas Department of 
Transportation.
	(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.  As soon as possible after the effective date of 
this Act 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.
	SECTION 4.  Except as provided by Section 1 of this Act, 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.