79R6860 MTB-D
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;
and
(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.
(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. (a) 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.
(b) After the Texas Department of Transportation receives
the report required under Subsection (a) of this section, the Texas
Department of Transportation shall determine before October 1,
2005, whether an employee of the Railroad Commission of Texas that
performs duties primarily related to railroads and the regulation
of railroads shall:
(1) become an employee of the department;
(2) be required to reapply for an employment position
with the department; or
(3) be terminated.
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.