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ANALYSIS
Changes the name of the
Railroad Commission to the Texas Energy Commission and continues the agency
for 10 years
C.S.H.B. 2166 renames the
Railroad Commission of Texas as the Texas Energy Commission (Commission)
effective September 1, 2013. The bill provides that a reference in law to the
Railroad Commission of Texas means the Texas Energy Commission; similarly, a reference
to a member of the Railroad Commission means a member of the Texas Energy
Commission. The bill also clarifies the commissioner's election, terms, and
process for filling a vacancy.
C.S.H.B. 2166 contains a number
of conforming and transitional provisions relating to renaming the agency,
including stating that the name change does not affect the agency's powers,
duties, rights, and obligations; it's personnel, equipment, data, documents,
facilities, contracts, items, other property, appropriations, rules, or
decisions; a proceeding of or involving the agency under its prior name; or
the terms of the members of its governing body. The bill also continues the
Texas Energy Commission until 2023.
Requires the automatic
resignation of a commissioner that announces or becomes a candidate for
another elected office
C.S.H.B. 2166 provides for a commissioner’s
automatic resignation if a commissioner announces or becomes a candidate in
any general, special, or primary election for any elective office other than
the office of commissioner.
Requires the Railroad Commission
to adopt penalty guidelines
C.S.H.B. 2166 requires the
Commission to adopt penalty guidelines, with public input, that provide
different penalties for different violations based on the seriousness of the
violation and any hazard to the health or safety of the public. The bill
requires the guidelines to take into account the number of times a
permittee’s certificate of compliance issued under Subchapter P, Chapter 91
has been canceled.
Requires the Railroad Commission
to develop a policy on ex-parte communication
C.S.H.B. 2166 requires the
Commission to develop a policy in rule to prohibit and ensure against any
inadvertent ex-parte communication between hearings examiners and the commissioners,
or between hearings examiners and technical staff who has participated in a
hearing. The bill prohibits a commissioner from communicating with a hearings
examiner other than in a formal public hearing.
Applies a standard Sunset
Across-the-Board Recommendation
C.S.H.B. 2166 adds standard
Sunset language requiring the Railroad Commission to develop a policy that
encourages alternative dispute resolution and negotiated rulemaking.
Requires the Railroad Commission
to develop an enforcement policy
C.S.H.B. 2166 requires the
Commission to adopt an enforcement policy to guide agency staff in evaluating
certain violations, including those that relate to safety or the prevention
or control of pollution. The bill requires the policy to include a specific
process for classifying violations based on the seriousness of the threat of
pollution, and the potential risk to public health or safety.
C.S.H.B. 2166 requires that the
policy detail standards to provide guidance to agency staff on which type of
violations to appropriately dismiss based on compliance and which violations
that must be forwarded for enforcement action. The bill also requires the
standards to require a commission employee to take into account a permittee’s
history of previous violations when determining whether to dismiss a
violation once the permittee comes into compliance or forward a violation for
enforcement action.
Increases the cap on the
Oil and Gas Regulation and Cleanup Fund
C.S.H.B. 2166 increases the
statutory cap on the Oil and Gas Regulation and Cleanup Fund from $20 million
to $30 million, and increases the Fund’s floor from $10 million to $25
million. The bill also requires the Railroad Commission to continue to
produce its report on the Fund to the Legislature and the Legislative Budget
Board and to place this report on its website.
Authorizes the Commission
to use money in the Oil and Gas Regulation and Cleanup Fund to promote
alternative fuels
C.S.H.B. 2166 authorizes the
Railroad Commission to use money in the Oil and Gas Regulation and Cleanup
Fund to provide funding for the Alternative Fuels Research and Education
Division program. The bill authorizes the Commission to use fees deposited
in the Oil and Gas Regulation and Cleanup Fund to promote alternative fuels.
The bill also abolishes the Alternative Fuels Research and Education dedicated
account and transfers unexpended balances from this Fund to the Oil and Gas
Regulation and Cleanup Fund to promote alternative fuels.
C.S.H.B. 2166 includes a number
of instructional provisions that relate to abolishing the Commission's Alternative
Fuels Research and Education Fund, including: any money remaining in the
Alternative Fuels Research and Education Fund is transferred to the Oil and
Gas Regulation and Cleanup Fund; any claim against the Alternative Fuels
Research and Education Fund is transferred to the Oil and Gas Regulation and
Cleanup Fund; any amount required to be deposited to the credit of the
Alternative Fuels Research and Education Fund is deposited to the Oil and Gas
Regulation and Cleanup Fund; and any money that is transferred from the
Alternative Fuels Research and Education Fund to the Oil and Gas Regulation
and Cleanup Fund can only be used for the purpose in which the Commission
received the gift, grant, or assistance.
Allows the Railroad Commission
to establish pipeline safety and regulatory fees
C.S.H.B. 2166 authorizes the
Commission by rule to create pipeline safety and regulatory fees for persons
owning or operating pipelines in Texas under the jurisdiction of the
Commission as established in Section 81.051, Natural Resources Code. The bill
requires the fees to be in amounts that are sufficient to support all
pipeline safety and regulatory program activities, including permitting or
registration costs, mapping costs, administration costs, and cost of employee
salaries and benefits.
C.S.H.B. 2166 requires the
Commission by rule to establish a methodology for calculating the fees that
reflects the time associated with permitting or registering pipelines; the
effect of fees on owners and operators of all sizes; and other factors the
Commission considers important to the fair imposition of the fees. The bill
authorizes the Commission to base the fees on any factor necessary to
efficiently and fairly recover its costs, including the length of the
pipeline; the number of new, renewed, or amended permits; or the number of
pipeline owners, operators, or systems.
C.S.H.B. 2166 also provides
that a fee submitted with a permit that is denied under Section 81.071,
Natural Resources Code, is non-refundable. The bill authorizes the Commission
to adopt, by rule, a reasonable late fee for not complying with the
Commission’s fee requirements. The bill also requires the Commission to
consider any fees assessed under Section 121.211, Texas Utilities Code, in
establishing the fees for pipeline permits.
Authorizes a party
affected by forced pooling to request a local hearing
C.S.H.B. 2166 authorizes an
interested party, with the consent of each interested party, to request a
hearing in the vicinity of the proposed unit, either in person or via
telephone, on the pooling application. The bill authorizes the Railroad Commission
to enter into contracts with other state agencies that have field offices to
hold such hearings either in person or by telephone.
Authorizes the Railroad Commission
to enforce damage prevention requirements for interstate pipelines
C.S.H.B. 2166 authorizes the
Commission to amend its pipeline damage prevention rules to apply to
interstate, as well as intrastate, pipelines and pipeline facilities and to
enforce these rules for violations that affect both types of pipelines and
facilities.
Abolishes the Oil Field
Cleanup Fund Advisory Committee.
C.S.H.B. 2166 repeals statute
that establishes the Oil Field Cleanup Fund Advisory Committee and the
requirement for the Advisory Committee to provide information to the Railroad
Commission on the Oil Field Cleanup Fund.
Repealers
C.S.H.B. 2166 repeals the
following provisions of the Natural Resources Code:
·
The heading to Section 91.1135
·
Sections 91.1135(a), (b), (c), (d), (f), and (g)
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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. The heading to
Chapter 81, Natural Resources Code, is amended to read as follows:
CHAPTER 81. TEXAS ENERGY RESOURCES [RAILROAD] COMMISSION [OF
TEXAS]
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SECTION 1. The heading to
Chapter 81, Natural Resources Code, is amended to read as follows:
CHAPTER 81. TEXAS ENERGY
[RAILROAD] COMMISSION [OF TEXAS]
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SECTION 2. Section 81.001,
Natural Resources Code, is amended to read as follows:
Sec. 81.001. DEFINITIONS.
In this chapter:
(1) "Commission"
means the Texas Energy Resources
[Railroad] Commission [of Texas].
(2) "Commissioner"
means any member of the Texas Energy Resources
[Railroad] Commission [of Texas].
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SECTION 2. Section 81.001,
Natural Resources Code, is amended to read as follows:
Sec. 81.001. DEFINITIONS.
In this chapter:
(1) "Commission"
means the Texas Energy [Railroad] Commission [of Texas].
(2) "Commissioner"
means any member of the Texas Energy [Railroad] Commission [of
Texas].
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SECTION 3. Subchapter A,
Chapter 81, Natural Resources Code, is amended by adding Section 81.003 to
read as follows:
Sec. 81.003. TEXAS ENERGY
RESOURCES COMMISSION. (a) The Railroad Commission of Texas is renamed the
Texas Energy Resources Commission.
(b) A reference in law
to:
(1) the Railroad
Commission of Texas means the Texas Energy Resources
Commission; and
(2) a railroad commissioner
or a member of the Railroad Commission of Texas means a member of the Texas
Energy Resources Commission.
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SECTION 3. Subchapter A,
Chapter 81, Natural Resources Code, is amended by adding Section 81.003 to
read as follows:
Sec. 81.003. TEXAS ENERGY
COMMISSION. (a) The Railroad Commission of Texas is renamed the Texas
Energy Commission.
(b) A reference in law
to:
(1) the Railroad
Commission of Texas means the Texas Energy Commission; and
(2) a railroad
commissioner or a member of the Railroad Commission of Texas means a member
of the Texas Energy Commission.
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SECTION 4. Section 81.01001,
Natural Resources Code, is amended to read as follows:
Sec. 81.01001. SUNSET
PROVISION. The Texas Energy Resources
[Railroad] Commission [of Texas] is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the commission is abolished September 1, 2023
[2013].
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SECTION 4. Section 81.01001,
Natural Resources Code, is amended to read as follows:
Sec. 81.01001. SUNSET
PROVISION. The Texas Energy [Railroad] Commission [of
Texas] is subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the commission
is abolished September 1, 2023 [2013].
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SECTION 5. Subchapter B,
Chapter 81, Natural Resources Code, is amended by adding Sections
81.010015, 81.010045, and 81.010046 to read as follows:
Sec. 81.010015. ELECTION
AND TERMS OF COMMISSIONERS; VACANCIES. (a) The commission is composed of
three commissioners elected at the general election for state and county
officers.
(b) Commissioners serve
staggered terms of six years, with the term of one commissioner expiring
December 31 of each even-numbered year.
(c) The governor shall
appoint a person to fill a vacancy on the commission until the next general
election.
Sec. 81.010045. CERTAIN
POLITICAL CONTRIBUTIONS RESTRICTED. (a) In this section, "political
committee" and "political contribution" have the meanings
assigned by Section 251.001, Election Code.
(b) A commissioner may
not knowingly accept a political contribution given or offered with the
intention that it be used in connection with a campaign for or the holding
of any elective office, including the office of commissioner, except during
the period:
(1) beginning 17 months
before the date of the next general election at which the commissioner's
office is filled; and
(2) ending on the 30th
day after the date of that election.
(c) A person other than a
commissioner may not knowingly accept a political contribution given or
offered with the intention that it be used in connection with a campaign
for the office of commissioner, except:
(1) during the period:
(A) beginning 17 months
before the date of the next general election at which any commissioner's
office is filled; and
(B) ending on the 30th
day after the date of that election; or
(2) during the period
beginning on the date a vacancy in the office of commissioner occurs and
ending on the date that vacancy is filled.
(d) A commissioner may
not knowingly accept a political contribution, and shall refuse a political
contribution that is received, from a party in a contested case before the
commission or a political committee affiliated with such a party during the
period:
(1) beginning on the date
notice of the hearing in the contested case is given; and
(2) ending on:
(A) the 30th day after
the date the decision in the contested case is rendered; or
(B) if a request for
rehearing is filed:
(i) the date the request
is denied; or
(ii) the 30th day after
the date the decision after rehearing is rendered.
(e) A commissioner shall
return a political contribution that is received and refused under
Subsection (d) not later than the 30th day after the date the commissioner
received the contribution.
(f) The commission shall
adopt all rules necessary to implement Subsections (d) and (e), including
rules that:
(1) direct the commission
to maintain a list of the contested cases before the commission and the
parties to each case in order to aid the commissioners in complying with
those subsections; and
(2) ensure that each
notice of a hearing in a contested case that is issued by the commission or
a commissioner contains information about the political contributions
prohibited under Subsection (d).
Sec. 81.010046. AUTOMATIC
RESIGNATION. If a person who is a member of the commission announces the
person's candidacy, or in fact becomes a candidate, in any general,
special, or primary election for any elective office other than the office
of commissioner at any time when the
unexpired term of the office then held by the person exceeds 18 months,
that announcement or that candidacy constitutes an automatic resignation of
the office of commissioner.
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SECTION 5. Subchapter B,
Chapter 81, Natural Resources Code, is amended by adding Sections 81.010015
and 81.010046 to read as follows:
Sec. 81.010015. ELECTION
AND TERMS OF COMMISSIONERS; VACANCIES. (a) The commission is composed of
three commissioners elected at the general election for state and county
officers.
(b) Commissioners serve
staggered terms of six years, with the term of one commissioner expiring
December 31 of each even-numbered year.
(c) The governor shall
appoint a person to fill a vacancy on the commission until the next general
election.
No
equivalent provision.
Sec. 81.010046. AUTOMATIC
RESIGNATION. If a person who is a member of the commission announces the
person's candidacy, or in fact becomes a candidate, in any general,
special, or primary election for any elective office other than the office
of commissioner, that announcement or that candidacy constitutes an
automatic resignation of the office of commissioner.
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SECTION 6. Section 81.01005,
Natural Resources Code, is amended to read as follows:
Sec. 81.01005. NAME AND
SEAL. (a) The commissioners are known collectively as the "Texas
Energy Resources [Railroad]
Commission [of Texas]."
(b) The seal of the
commission contains a star of five points with the words "Texas
Energy Resources [Railroad]
Commission [of Texas]" engraved on it.
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SECTION 6. Section 81.01005,
Natural Resources Code, is amended to read as follows:
Sec. 81.01005. NAME AND
SEAL. (a) The commissioners are known collectively as the "Texas
Energy [Railroad] Commission [of Texas]."
(b) The seal of the
commission contains a star of five points with the words "Texas
Energy [Railroad] Commission [of Texas]" engraved on
it.
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SECTION 7. The heading to
Section 81.0521, Natural Resources Code, is amended.
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SECTION 7. Same as introduced
version.
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SECTION 8. Sections
81.0531(c) and (d), Natural Resources Code, are amended.
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SECTION 8. Same as introduced
version.
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SECTION 9. Subchapter C,
Chapter 81, Natural Resources Code, is amended.
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SECTION 9. Same as introduced
version.
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No
equivalent provision.
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SECTION 10. Sections
81.067(b) and (c), Natural Resources Code, are amended to read as follows:
(b) The commission shall
certify to the comptroller the date on which the balance in the fund equals
or exceeds $30 [$20] million. The oil-field cleanup
regulatory fees on oil and gas shall not be collected or required to be
paid on or after the first day of the second month following the
certification, except that the comptroller shall resume collecting the fees
on receipt of a commission certification that the fund has fallen below $25
[$10] million. The comptroller shall continue collecting the fees
until collections are again suspended in the manner provided by this
subsection.
(c) The fund consists of:
(1) proceeds from bonds and
other financial security required by this chapter and benefits under
well-specific plugging insurance policies described by Section 91.104(c)
that are paid to the state as contingent beneficiary of the policies,
subject to the refund provisions of Section 91.1091, if applicable;
(2) private contributions,
including contributions made under Section 89.084;
(3) expenses collected under
Section 89.083;
(4) fees imposed under
Section 85.2021;
(5) costs recovered under
Section 91.457 or 91.459;
(6) proceeds collected under
Sections 89.085 and 91.115;
(7) interest earned on the
funds deposited in the fund;
(8) oil and gas waste hauler
permit application fees collected under Section 29.015, Water Code;
(9) costs recovered under
Section 91.113(f);
(10) hazardous oil and gas
waste generation fees collected under Section 91.605;
(11) oil-field cleanup
regulatory fees on oil collected under Section 81.116;
(12) oil-field cleanup
regulatory fees on gas collected under Section 81.117;
(13) fees for a reissued
certificate collected under Section 91.707;
(14) fees collected under
Section 91.1013;
(15) fees collected under
Section 89.088;
(16) fees collected under
Section 91.142;
(17) fees collected under
Section 91.654;
(18) costs recovered under
Sections 91.656 and 91.657;
(19) two-thirds of the fees
collected under Section 81.0521;
(20) fees collected under
Sections 89.024 and 89.026;
(21) legislative
appropriations; [and]
(22) any surcharges
collected under Section 81.070; and
(23) money deposited in
the fund under Section 113.243.
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No
equivalent provision.
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SECTION 11. Section 81.068,
Natural Resources Code, is amended to read as follows:
Sec. 81.068. PURPOSES
[PURPOSE] OF OIL AND GAS REGULATION AND CLEANUP FUND. Money in the
oil and gas regulation and cleanup fund may be used by the commission or
its employees or agents for any purpose related to the regulation of oil
and gas development, including oil and gas monitoring and inspections, oil
and gas remediation, and oil and gas well plugging, the
Alternative Fuels Research and Education Division program, public
information and services related to those activities, and administrative
costs and state benefits for personnel involved in those activities.
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SECTION 10. Sections
81.069(b) and (c), Natural Resources Code, are amended.
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SECTION 12. Same as
introduced version.
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SECTION 11. Subchapter C,
Chapter 81, Natural Resources Code, is amended by adding Section 81.071 to
read as follows:
Sec. 81.071. PIPELINE
SAFETY AND REGULATORY FEES. (a) The commission by rule may establish
pipeline safety and regulatory fees to be assessed for permits or registrations for pipelines under the
jurisdiction of the commission's pipeline safety and regulatory program.
The fees must be in amounts that in the aggregate are sufficient to support
all pipeline safety and regulatory program costs, including:
(1) permitting or
registration costs;
(2) administrative costs;
and
(3) costs of employee
salaries and benefits.
(b) The commission by
rule must establish the method or methods by which the fees will be
calculated and assessed so that fee amounts will reflect the time spent and
costs incurred to perform the regulatory work associated with permitting or
registering pipelines, the effects of required fees on operators of all
sizes, and other factors the commission determines are important to the
fair imposition of the fees. The commission may base the fees on any
factor the commission considers necessary to efficiently and fairly recover
the pipeline safety and regulatory program's costs, including:
(1) the length of the
pipeline;
(2) the number of new
permits, permit renewals, or permit amendments; or
(3) the number of
pipeline systems.
(c) The commission by
rule may establish a reasonable late payment penalty for a fee charged
under this section.
(d) The authority
provided by this section is in addition to the authority provided by
Section 121.211, Utilities Code, and the commission shall consider any fees
assessed under that section in establishing the fees to be assessed under
this section.
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SECTION 13. Subchapter C,
Chapter 81, Natural Resources Code, is amended by adding Section 81.071 to
read as follows:
Sec. 81.071. PIPELINE
SAFETY AND REGULATORY FEES. (a) The commission by rule may establish
pipeline safety and regulatory fees to be assessed annually against persons owning or operating pipelines in Texas that are subject to the
jurisdiction of the commission as established under Section 81.051. The
fees must be in amounts that in the aggregate are sufficient to support all
pipeline safety and regulatory program costs, including:
(1) permitting or
registration costs;
(2) mapping costs;
(3) administrative costs;
and
(4) costs of employee
salaries and benefits.
(b) The commission by
rule must establish the method or methods by which the fees will be
calculated and assessed so that fee amounts will reflect the time spent and
costs incurred to perform the regulatory work associated with permitting or
registering pipelines, the effects of required fees on owners and operators of all sizes, and other
factors the commission determines are important to the fair imposition of
the fees. The commission may base the fees on any factor the commission
considers necessary to efficiently and fairly recover the pipeline safety
and regulatory program's costs, including:
(1) the length of the
pipeline;
(2) the number of new
permits, permit renewals, or permit amendments; or
(3) the number of
pipeline owners, operators, or
systems.
(c) The commission by rule may provide that a fee assessed under
this section that is submitted with a permit application that is denied is
nonrefundable.
(d) The commission by
rule may establish a reasonable late payment penalty for a fee assessed
under this section.
(e) The authority
provided by this section is in addition to the authority provided by
Section 121.211, Utilities Code, and the commission shall consider any fees
assessed under that section in establishing the fees to be assessed under
this section.
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SECTION 12. Section
81.116(d), Natural Resources Code, is amended to read as follows:
(d) [The comptroller
shall suspend collection of the fee in the manner provided by Section
81.067.] The exemptions and reductions set out in Sections 202.052,
202.054, 202.056, 202.057, 202.059, and 202.060, Tax Code, do not affect
the fee imposed by this section.
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No
equivalent provision.
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SECTION 13. Section
81.117(d), Natural Resources Code, is amended to read as follows:
(d) [The comptroller
shall suspend collection of the fee in the manner provided by Section
81.067.] The exemptions and reductions set out in Sections 201.053,
201.057, 201.058, and 202.060, Tax Code, do not affect the fee imposed by
this section.
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No
equivalent provision.
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SECTION 14. Section
91.1135(e), Natural Resources Code, is transferred to Section 81.069,
Natural Resources Code, redesignated as Section 81.069(d), Natural
Resources Code, and amended.
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SECTION 14. Same as
introduced version.
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SECTION 15. Subchapter B,
Chapter 102, Natural Resources Code, is amended.
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SECTION 15. Same as
introduced version.
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No
equivalent provision.
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SECTION 16. Section 113.243,
Natural Resources Code, is amended to read as follows:
Sec. 113.243. DEPOSIT AND
USE OF CERTAIN REVENUE [ALTERNATIVE FUELS RESEARCH AND EDUCATION
FUND]. (a) The following revenue shall be deposited in the oil and
gas regulation and cleanup fund [alternative fuels research and
education fund is created] in the state treasury[.
[(b) The fund consists of
money from]:
(1) fees charged under this
subchapter;
(2) the penalties for the
late payment of the fee charged under this subchapter;
(3) gifts, grants, or other
assistance received by the commission from any source for the purposes of
this subchapter;
(4) [interest earned on
amounts in the fund;
[(5)] amounts
collected by the commission under an agreement with another state in
accordance with Section 113.246(e);
(5) [(6)]
assessments, rebates on assessments, and other money collected by the commission
under the Propane Education and Research Act of 1996 (15 U.S.C. Section
6401 et seq.) or other applicable federal law; and
(6) [(7)]
fees, royalties, or other things of value received from the items described
by Subsections (d)(1)(A)-(D) [(f)(1)(A)-(D)].
(b) Money deposited in
the oil and gas regulation and cleanup fund under this section [(c)
The fund] may be used only by the commission to pay for activities
relating to the specific fuel from which the fee, royalty, or other thing
of value was derived or the specific fuel, if any, for which the gift,
grant, or other assistance is given, including direct and indirect costs
relating to:
(1) researching all possible
uses of LPG and other environmentally beneficial alternative fuels to
enhance air quality;
(2) researching, developing,
and implementing marketing, advertising, and informational programs
relating to alternative fuels to make alternative fuels more understandable
and readily available to consumers;
(3) developing and
implementing conservation and distribution plans to minimize the frequency
and severity of disruptions in the supply of alternative fuels;
(4) developing a public
information plan that will provide advisory services relating to
alternative fuels to consumers;
(5) developing voluntary
participation plans to promote the use of alternative fuels by federal,
state, and local agencies;
(6) implementing consumer
incentive or rebate programs developed pursuant to Section 113.2435 [of
this subchapter];
(7) other functions the commission
determines are necessary to add a program established by the commission for
the purpose of promoting the use of LPG or other environmentally beneficial
alternative fuels; and
(8) the administrative costs
incurred by the commission under this subchapter.
(c) [(d) If a
specific fee, royalty, gift, grant, other thing of value, or other
assistance is designated for or collected from discrete components of the
alternative fuels industry, the fee, royalty, gift, grant, other thing of
value, or other assistance shall be deposited in a separate account in the
fund.
[(e)] The commission
may apply for, request, solicit, contract for, receive, and accept gifts,
grants, and other assistance from any source for the purposes of this
subchapter.
(d) [Money received
under this subsection shall be deposited in a separate account in the fund
as provided in Subsection (d) of this section.
[(f)] The commission
may:
(1) apply for, register,
secure, hold, and protect under the laws of a state, the United States, or
a foreign country a patent, copyright, trademark, or other evidence of
protection or exclusivity issued for an idea, publication, or other
original innovation fixed in a tangible medium, including:
(A) a logo;
(B) a service mark;
(C) a study;
(D) an engineering,
architectural, or graphic design;
(E) a manual;
(F) automated systems
software;
(G) an audiovisual work; or
(H) a sound recording;
(2) enter into a license
agreement with a third party in return for a fee, royalty, or other thing
of value; and
(3) waive or reduce the
amount of a fee, royalty, or other thing of value to be assessed if the
commission determines that the waiver will:
(A) further the goals and
missions of the commission's division responsible for alternative fuels
research and education; and
(B) result in a net benefit
to the state.
(e) [(g)]
Money received under Subsection (d) [(f)] shall be deposited
in [a separate account in] the oil and gas regulation and cleanup
fund as provided by Subsection (a) [(d)], except that any
money received by the commission from the items described by Subsections (d)(1)(E)-(H)
[(f)(1)(E)-(H)] shall be deposited in the general revenue fund.
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No
equivalent provision.
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SECTION 17. Sections
113.2435(c) and (d), Natural Resources Code, are amended to read as
follows:
(c) Rules adopted and
promulgated by the commission under this section shall specify the
following:
(1) rebate levels for
various types of equipment such that the rebates achieve an amount of
public good comparable to the rebate amount;
(2) a condition that the
recipient agree to practice environmentally sound operating principles;
(3) a condition that the
rebate recipient agree to not modify the equipment for a specified number
of years as set by the commission;
(4) any other conditions or
restrictions determined by the commission that would help ensure that
either of the desired goals of achieving energy conservation and efficiency
or improving air quality in this state is furthered;
(5) a limitation on the
proportion of the money in the oil and gas regulation and cleanup
fund that was deposited in the fund under Section 113.243 and is
usable for the rebate program that limits the proportion usable to not more
than 50 percent of the funds available; and
(6) that the name or seal of
the commission shall not be used on any advertising that promotes the
propane water heater rebate program.
(d) Notwithstanding
Subsection (c)(5), the commission shall make available for rebates during a
fiscal year the entire amount of money made available for rebates during
the preceding fiscal year that was not spent during the preceding fiscal
year. The amount of money made available for rebates during the preceding
fiscal year that was not spent during the preceding fiscal year is not
counted in determining the limitation on the proportion of the money in
the oil and gas regulation and cleanup fund that was deposited in
the fund under Section 113.243 and is usable for the rebate program
during a fiscal year.
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SECTION 16. Section
117.012(a), Natural Resources Code, is amended
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SECTION 18. Same as
introduced version.
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SECTION 17. Section
52.092(c), Election Code, is amended to read as follows:
(c) Statewide offices of the
state government shall be listed in the following order:
(1) governor;
(2) lieutenant governor;
(3) attorney general;
(4) comptroller of public
accounts;
(5) commissioner of the
General Land Office;
(6) commissioner of
agriculture;
(7) energy resources [railroad]
commissioner;
(8) chief justice, supreme
court;
(9) justice, supreme court;
(10) presiding judge, court
of criminal appeals;
(11) judge, court of
criminal appeals.
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SECTION 19. Section
52.092(c), Election Code, is amended to read as follows:
(c) Statewide offices of the
state government shall be listed in the following order:
(1) governor;
(2) lieutenant governor;
(3) attorney general;
(4) comptroller of public
accounts;
(5) commissioner of the
General Land Office;
(6) commissioner of
agriculture;
(7) energy [railroad]
commissioner;
(8) chief justice, supreme
court;
(9) justice, supreme court;
(10) presiding judge, court
of criminal appeals;
(11) judge, court of
criminal appeals.
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SECTION 18. Section 756.126,
Health and Safety Code, is amended to read as follows:
Sec. 756.126. SAFETY
STANDARDS AND BEST PRACTICES. The Texas Energy Resources [Railroad] Commission [of Texas]
shall adopt and enforce safety standards and best practices, including
those described by 49 U.S.C. Section 6105 et seq., relating to the
prevention of damage by a person to a facility, including an interstate
or intrastate pipeline facility, under the jurisdiction of the
commission.
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SECTION 20. Section 756.126,
Health and Safety Code, is amended to read as follows:
Sec. 756.126. SAFETY
STANDARDS AND BEST PRACTICES. The Texas Energy [Railroad]
Commission [of Texas] shall adopt and enforce rules prescribing
safety standards and best practices, including those described by 49 U.S.C.
Section 6105 et seq., relating to the prevention of damage by a person to a
facility, including an interstate or intrastate pipeline facility,
under the jurisdiction of the commission.
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SECTION 19. Section
121.201(a), Utilities Code, is amended.
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SECTION 21. Same as
introduced version.
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SECTION 20. The following
provisions of the Natural Resources Code are repealed:
(1)
Section 81.067(b);
(2) the heading to Section
91.1135;
(3) Sections 91.1135(a),
(b), (c), (d), (f), and (g); and
(4)
Subchapter I, Chapter 113.
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SECTION 22. The following
provisions of the Natural Resources Code are repealed:
(1) the heading to Section
91.1135; and
(2) Sections 91.1135(a),
(b), (c), (d), (f), and (g).
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SECTION 21. (a) On the
effective date of this Act:
(1) the alternative fuels
research and education fund is abolished;
(2) any money remaining in
the alternative fuels research and education fund is transferred to the undedicated portion of the general revenue
fund;
(3) any claim against the
alternative fuels research and education fund is transferred to the undedicated portion of the general revenue fund;
and
(4) any amount required to
be deposited to the credit of the alternative fuels research and education
fund shall be deposited to the credit of the
undedicated portion of the general revenue fund.
(b) Any money transferred
from the alternative fuels research and education fund to the undedicated portion of the general revenue fund
that was deposited in the alternative fuels research and education fund as
a gift, grant, or other form of assistance under former Subchapter I,
Chapter 113, Natural Resources Code, and is encumbered by the specific
terms of the gift, grant, or other form of assistance may be spent only in
accordance with the terms of the gift, grant, or other form of assistance. Subchapter I, Chapter 113, Natural Resources Code,
is continued in effect for the limited purpose of administering this
subsection.
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SECTION 23. (a) On the
effective date of this Act:
(1) the alternative fuels
research and education fund is abolished;
(2) any money remaining in
the alternative fuels research and education fund is transferred to the oil and gas regulation and cleanup fund;
(3) any claim against the
alternative fuels research and education fund is transferred to the oil and gas regulation and cleanup fund;
and
(4) any amount required to
be deposited to the credit of the alternative fuels research and education
fund shall be deposited to the credit of the
oil and gas regulation and cleanup fund.
(b) Any money transferred
from the alternative fuels research and education fund to the oil and gas regulation and cleanup fund
that was deposited in the alternative fuels research and education fund as
a gift, grant, or other form of assistance under Subchapter I, Chapter 113,
Natural Resources Code, and is encumbered by the specific terms of the
gift, grant, or other form of assistance may be spent only in accordance
with the terms of the gift, grant, or other form of assistance.
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SECTION 22. On the effective
date of this Act, the name of the Railroad Commission of Texas is changed
to the Texas Energy Resources
Commission. The change of the agency's name does not affect:
(1) the agency's powers,
duties, rights, or obligations;
(2) the agency's personnel,
equipment, data, documents, facilities, contracts, items, other property,
appropriations, rules, or decisions;
(3) a proceeding of or
involving the agency under the name of the Railroad Commission of Texas; or
(4) the terms of the
chairman or other members of the governing body of the agency.
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SECTION 24. On the effective
date of this Act, the name of the Railroad Commission of Texas is changed
to the Texas Energy Commission. The change of the agency's name does not
affect:
(1) the agency's powers,
duties, rights, or obligations;
(2) the agency's personnel,
equipment, data, documents, facilities, contracts, items, other property,
appropriations, rules, or decisions;
(3) a proceeding of or
involving the agency under the name of the Railroad Commission of Texas; or
(4) the terms of the
chairman or other members of the governing body of the agency.
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SECTION 23. This Act takes
effect September 1, 2013.
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SECTION 25. Same as
introduced version.
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