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79R5592 MTB-F

By:  West                                                         H.B. No. 2020



A BILL TO BE ENTITLED

AN ACT

relating to the transfer of the state energy conservation office to 
the Railroad Commission of Texas.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 447.001, Government Code, is amended to 
read as follows: 
	Sec. 447.001.  GOVERNANCE AND GENERAL AUTHORITY. The state 
energy conservation office:
		(1)  is under the direction and control of the Railroad 
Commission of Texas [comptroller];
		(2)  shall promote the policies enumerated in this 
chapter;  and            
		(3)  may act in any capacity authorized by state or 
federal law.            
	SECTION 2.  Section 2305.002(3), Government Code, is amended 
to read as follows:
		(3)  "Energy office" means the state energy 
conservation office of the Railroad Commission of Texas
[comptroller's office] as established by Chapter 447.
	SECTION 3.  The heading to Section 2305.011, Government 
Code, is amended to read as follows:
	Sec. 2305.011.  ADMINISTRATION BY RAILROAD COMMISSION OF 
TEXAS [COMPTROLLER'S OFFICE] AND ENERGY OFFICE.
	SECTION 4.  Section 2305.011(f), Government Code, is amended 
to read as follows:
	(f)  The Railroad Commission of Texas [comptroller] may 
establish procedures and adopt rules as necessary to administer the 
programs prescribed by this chapter.
	SECTION 5.  Section 2305.022, Government Code, is amended to 
read as follows:
	Sec. 2305.022.  USE OF ACCOUNT.  Money in the account may be 
used only by the governor and the Railroad Commission of Texas 
[comptroller's office] to implement and operate the programs 
authorized by this chapter.
	SECTION 6.  On September 1, 2005:                                              
		(1)  the state energy conservation office administered 
by the comptroller is transferred to the Railroad Commission of 
Texas;
		(2)  all functions and activities performed by the 
comptroller that relate to direction and control of the state 
energy conservation office under Chapters 447 and 2305, Government 
Code, are transferred to the Railroad Commission of Texas;
		(3)  all employees of the comptroller who primarily 
perform duties related to the state energy conservation office 
under Chapter 447 or 2305, Government Code, become employees of the 
Railroad Commission of Texas;
		(4)  a rule, standard, or form adopted by the 
comptroller that relates to the state energy conservation office 
under Chapter 447 or 2305, Government Code, is a rule, standard, or 
form of the Railroad Commission of Texas and remains in effect until 
altered by the railroad commission;
		(5)  a reference to the comptroller in a statute or rule 
that relates to the state energy conservation office under Chapter 
447 or 2305, Government Code, means the Railroad Commission of 
Texas;
		(6)  any proceeding involving the comptroller that is 
related to energy conservation under Chapter 447 or 2305, 
Government Code, is transferred without change in status to the 
Railroad Commission of Texas.  The Railroad Commission of Texas 
assumes, without change in status, the position of the comptroller 
in any proceeding relating to energy conservation to which the 
comptroller is a party;
		(7)  all money, contracts, leases, rights, and 
obligations of the comptroller related to the state energy 
conservation office under Chapter 447 or 2305, Government Code, are 
transferred to the Railroad Commission of Texas;
		(8)  all property, including records, in the custody of 
the comptroller related to the state energy conservation office 
under Chapter 447 or 2305, Government Code, is transferred to the 
Railroad Commission of Texas; and
		(9)  all money appropriated to the comptroller for 
purposes related to the state energy conservation office under 
Chapter 447 or 2305, Government Code, are transferred to the 
Railroad Commission of Texas.
	SECTION 7.  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.