CHAPTER 81.  RAILROAD COMMISSION OF TEXAS

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 81.002.  DEFINITION OF PERSON FOR CERTAIN PROVISIONS. For each provision in this chapter added April 1, 2011, as part of the revision of former Title 112, Revised Statutes:

(1)  "person" includes a corporation, as provided by Section 312.011, Government Code; and

(2)  the definition of "person" assigned by Section 311.005, Government Code, does not apply.  (New.)

Revisor's Note

To ensure that no substantive change is made by the revision of the term "person" as used in Title 112, Revised Statutes, the revised law adds a provision stating that, for the purposes of the provisions of Title 112, Revised Statutes, revised in this chapter, "person" includes a corporation, as provided by Section 312.011, Government Code, and the definition of "person" in Section 311.005, Government Code, does not apply.  Section 312.011(10), Government Code, which applies to Title 112, provides that "person" includes a corporation.  Section 311.005(2), Government Code (Code Construction Act), which applies to the Natural Resources Code, defines "person" to include a "corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity."

[Sections 81.003-81.01000 reserved for expansion]

SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS

Revised Law

Sec. 81.01001.  SUNSET PROVISION.  The 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, 2013.  (V.A.C.S. Art. 6445a.)

Source Law

Art. 6445a.  The 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, 2013.

Revised Law

Sec. 81.01002.  CHAIRMAN.  The commissioners shall elect one commissioner as the chairman.  (V.A.C.S. Art. 6447 (part).)

Source Law

Organization.--The commissioners shall elect one of their number chairman… .

Revised Law

Sec. 81.01003.  QUALIFICATIONS FOR OFFICE.  A commissioner must be:

(1)  a qualified voter under the constitution and laws; and

(2)  at least 25 years of age.  (V.A.C.S. Art. 6447 (part).)

Source Law

Qualifications.--The members shall be resident citizens of this State, and qualified voters under the Constitution and laws, and not less than twenty-five years of age… .

Revisor's Note

(1)  V.A.C.S. Article 6447 requires commissioners to be "resident citizens of this State" and "qualified voters under the Constitution and laws."  The revised law omits the requirement that a commissioner be a resident citizen of this state because it duplicates portions of Section 11.002, Election Code, and Section 2, Article VI, Texas Constitution, both of which require a qualified voter to be a citizen of the United States and a resident of this state.  The policy of the legislative council's statutory revision program is to omit from the revised codes the duplicating statutory provisions because a statute that tracks the language of the constitution not only is superfluous but may foster the erroneous belief that a constitutional requirement is merely statutory and subject to amendment through the ordinary legislative process.

(2)  V.A.C.S. Article 6447 in part specifies the composition of the commission and the manner of election and terms of the commissioners.  The revised law omits that provision, which is substantively identical to Section 30(b), Article XVI, Texas Constitution, to conform to the policy of the legislative council's statutory revision program as described in Revisor's Note (1).  The omitted law reads:

Art. 6447.  Election.--The Railroad Commission of Texas shall be composed of three members, one of whom shall be elected biennially at each general election for a term of six years.

Revised Law

Sec. 81.01004.  PERSONAL FINANCIAL DISCLOSURE, STANDARDS OF CONDUCT, AND CONFLICT OF INTEREST.  A commissioner is subject to the provisions of Chapter 572, Government Code, that apply to elected officers, including the requirements governing personal financial statements, standards of conduct, and conflicts of interest.  (V.A.C.S. Art. 6447 (part).)

Source Law

Qualifications.  … The members are subject to the provisions of Chapter 572, Government Code, that apply to elected officers, including the requirements governing personal financial statements, standards of conduct, and conflicts of interest.

Revised Law

Sec. 81.01005.  NAME AND SEAL.  (a)  The commissioners are known collectively as the "Railroad Commission of Texas."

(b)  The seal of the commission contains a star of five points with the words "Railroad Commission of Texas" engraved on it.  (V.A.C.S. Art. 6447 (part).)

Source Law

Organization… . They shall be known collectively as the "Railroad Commission of Texas," and shall have a seal, a star of five points with the words "Railroad Commission of Texas" engraved thereon… .

Revised Law

Sec. 81.01006.  PROCEDURAL RULES.  The commissioners may adopt all rules necessary for the commission's government and proceedings.  (V.A.C.S. Art. 6447 (part).)

Source Law

Organization… . They may make all rules necessary for their government and proceedings… .

Revisor's Note

V.A.C.S. Article 6447 authorizes the commission to "make all rules necessary" for the commission's government and proceedings.  The revised law substitutes "adopt" for "make" in the context of rules for consistency with terminology used in Texas administrative procedure law, Chapter 2001, Government Code, and specifically Subchapter B of that chapter, which addresses rulemaking by state agencies.

Revised Law

Sec. 81.01007.  SUPPLIES.  The commissioners shall be furnished necessary furniture, stationery, supplies, and expenses, to be paid for on the order of the governor. (V.A.C.S. Art. 6447 (part).)

Source Law

Organization… . They shall be furnished necessary furniture, stationery, supplies and all necessary expenses, to be paid for on the order of the Governor.

Revised Law

Sec. 81.01008.  SESSIONS.  The commission may hold sessions at any place in this state when considered necessary.  (V.A.C.S. Art. 6447 (part).)

Source Law

Sessions.--The Commission may hold its sessions at any place in this State when deemed necessary.

Revised Law

Sec. 81.01009.  RECORDS RESEARCH FEE.  The commission shall charge a person who requests an examination or search of commission records $5 for each half hour or fraction of a half hour that a commission employee spends in the examination or search unless the person requesting the search represents this state or a county.  (V.A.C.S. Art. 6447j.)

Source Law

Art. 6447j.  The commission shall charge a person who requests an examination or search of commission records $5 for each one-half hour or fraction of one-half hour that a commission employee spends in the examination or search, unless the person requesting the search is representing the state or a county.

Revised Law

Sec. 81.01010.  FEE FOR COPIES.  (a)  The commission may charge a fee for copies of papers provided by the commission to a person other than a department of this state.

(b)  The fee for a copy of a paper, document, or record in the commission's office, including the certificate and seal to be applied by the secretary, is 15 cents for each 100 words.

(c)  This section does not authorize the commission to charge a person a fee for a tariff sheet for the person's own use if the tariff sheet is in effect.

(d)  The fees charged and collected under this section shall be accounted for by the secretary of the commission and paid into the treasury as provided by Chapter 603, Government Code.  (V.A.C.S. Art. 3922.)

Source Law

Art. 3922.  The Railroad Commission of Texas shall be authorized to charge fees for copies of all papers furnished by it, except such as may be furnished to some department of the State government, as follows:

For copies of any paper, document or record in its office, including certificate and seal, to be applied by the secretary, for each one hundred words, fifteen cents; provided, that this article shall not be construed to authorize the charging of such fees for railroad companies or other persons for tariff sheets for their own use, which such tariff sheets are in force.

The fees so charged and collected shall be accounted for by the secretary of the Railroad Commission and paid into the Treasury as provided in Article 3913.

Revisor's Note

(1)  V.A.C.S. Article 3922 refers to "railroad companies or other persons."  The revised law omits the reference to "railroad companies" as obsolete because Chapter 281, Acts of the 79th Legislature, Regular Session, 2005, transferred the powers and duties of the commission that relate primarily to railroads and the regulation of railroads to the Texas Department of Transportation.

(2)  V.A.C.S. Article 3922 refers to V.A.C.S. Article 3913, which was codified in 1993 as Chapter 603, Government Code.  The revised law reflects that change.

Revised Law

Sec. 81.01011.  METHOD OF MAKING PAYMENTS TO COMMISSION.  (a)  The commission may authorize payment, as prescribed by the commission, of a regulatory fee, fine, penalty, or charge for goods and services by means of an electronic payment method or a credit card issued by a financial institution chartered by a state or the United States or issued by a nationally recognized credit organization approved by the commission.  A payment by the authorized method may be made in person, by telephone, or through the Internet.

(b)  The commission may require a person who makes a payment to the commission by means of an electronic payment method or credit card to pay a discount or service charge in an amount reasonable and necessary to reimburse the commission for the costs involved in processing the payment.  (V.A.C.S. Arts. 6447n(a), (b).)

Source Law

Art. 6447n.  (a)  The commission may authorize payment, as prescribed by the commission, of regulatory fees, fines, penalties, and charges for goods and services by means of an electronic payment method or a credit card issued by a financial institution chartered by a state or the United States or issued by a nationally recognized credit organization approved by the commission.  A payment by the authorized method may be made in person, by telephone, or through the Internet.

(b)  The commission may require a person who makes a payment to the commission by means of an electronic payment method or credit card to pay a discount or service charge in an amount reasonable and necessary to reimburse the commission for the costs involved in processing the payment.

Revisor's Note

Subsection (c), V.A.C.S. Article 6447n, authorizes the commission to adopt rules necessary to allow the commission to implement that article.  The revised law omits that subsection because Section 81.052 of this code authorizes the commission to adopt rules necessary for governing and regulating persons and their operations under the jurisdiction of the commission.  Because Section 81.052 authorizes rules necessary to implement Article 6447n, the additional statement of rulemaking authority in Subsection (c) of that article is unnecessary.  The omitted law reads:

(c)  The commission may adopt rules as necessary to implement this article.

Revised Law

Sec. 81.01012.  GIFTS, GRANTS, AND DONATIONS.  (a)  In this section, "contested case" has the meaning assigned by Section 2001.003, Government Code.

(b)  The commission may apply for, request, solicit, contract for, receive, accept, and administer gifts, grants, and donations of money or other assistance from any source to carry out any commission purpose or power.

(c)  The commission may not, under Subsection (b), accept a gift or donation of money or of property from a party in a contested case during the period from the inception of the contested case until the 30th day after the date a final order is signed in the contested case.  (V.A.C.S. Art. 6447i.)

Source Law

Art. 6447i.  (a)  The commission may apply for, request, solicit, contract for, receive, accept, and administer gifts, grants, and donations of money or other assistance from any source to carry out any commission purpose or power authorized by law.

(b)  The commission may not, under Subsection (a) of this section, accept a gift or donation of money or of property from a party in a contested case, as defined in Section 2001.003(1), Government Code, during the period from the inception of the contested case until 30 days after a final order is signed in the contested case.

Revisor's Note

Subsection (a), V.A.C.S. Article 6447i, authorizes the commission to apply for, request, solicit, contract for, receive, accept, and administer gifts, grants, and donations to carry out any commission purpose or power "authorized by law."  The revised law omits "authorized by law" as unnecessary because the commission may carry out only those purposes or powers that the law authorizes the commission to carry out.

Revised Law

Sec. 81.01013.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

(b)  A person may not be an employee of the commission employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:

(1)  the person is an officer, employee, or paid consultant of a Texas trade association in a business or industry regulated by the commission; or

(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in a business or industry regulated by the commission.

(c)  A person who is required to register as a lobbyist under Chapter 305, Government Code, may not act as the general counsel to the commission.

(d)  The commission shall provide to commissioners and to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.  (V.A.C.S. Art. 6447c.)

Source Law

Art. 6447c. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

(b)  A person may not be an employee of the commission employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and its subsequent amendments, if:

(1)  the person is an officer, employee, or paid consultant of a Texas trade association in a business or industry regulated by the commission; or

(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in a business or industry regulated by the commission.

(c)  A person who is required to register as a lobbyist under Chapter 305, Government Code, may not act as the general counsel to the commission.

(d)  The commission shall provide to members of the commission and to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

Revisor's Note

Subsection (b), V.A.C.S. Article 6447c, refers to the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) "and its subsequent amendments."  The revised law omits "and its subsequent amendments" because under Section 311.027, Government Code (Code Construction Act), unless expressly provided otherwise, a reference to a statute or rule applies to all reenactments, revisions, or amendments of the statute or rule.

Revised Law

Sec. 81.01014.  EQUAL EMPLOYMENT OPPORTUNITY.  (a)  The commission shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.

(b)  The policy statement must include:

(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the commission to avoid the unlawful employment practices described by Chapter 21, Labor Code; and

(2)  an analysis of the extent to which the composition of the commission's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.

(c)  The policy statement must:

(1)  be updated annually;

(2)  be reviewed by the Texas Workforce Commission civil rights division for compliance with Subsection (b); and

(3)  be filed with the governor's office.  (V.A.C.S. Art. 6447b.)

Source Law

Art. 6447b. (a) The commission shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.

(b)  The policy statement must include:

(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the commission to avoid the unlawful employment practices described by Chapter 21, Labor Code; and

(2)  an analysis of the extent to which the composition of the commission's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.

(c)  The policy statement must:

(1)  be updated annually;

(2)  be reviewed by the state Commission on Human Rights for compliance with Subsection (b) of this article; and

(3)  be filed with the governor's office.

Revisor's Note

Subsection (c)(2), V.A.C.S. Article 6447b, refers to the "state Commission on Human Rights."  The revised law substitutes a reference to the "Texas Workforce Commission civil rights division" because Chapter 302, Acts of the 78th Legislature, Regular Session, 2003, abolished the Commission on Human Rights and transferred its powers and duties to the Texas Workforce Commission civil rights division.

Revised Law

Sec. 81.01015.  EMPLOYEE INCENTIVE PROGRAM.  The commission shall provide to commission employees information and training on the benefits and methods of participation in the state employee incentive program.  (V.A.C.S. Art. 6447m.)

Source Law

Art. 6447m.  The commission shall provide to commission employees information and training on the benefits and methods of participation in the state employee incentive program.

Revised Law

Sec. 81.01016.  SEPARATION OF RESPONSIBILITIES.  The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commissioners and the management responsibilities of the staff of the commission.  (V.A.C.S. Art. 6447k.)

Source Law

Art. 6447k. The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the members of the commission and the management responsibilities of the staff of the commission.

Revised Law

Sec. 81.0165.  SALARY OF SECRETARY.  The salary of the secretary of the commission shall be the amount appropriated for that purpose by the legislature.  (V.A.C.S. Art. 6447a.)

Source Law

Art. 6447a.  That the salary of the Secretary of the Railroad Commission of Texas shall be such sum as may be appropriated therefor by the Legislature from time to time.

Revisor's Note

(End of Subchapter)

(1)  V.A.C.S. Article 6447 requires that, before assuming the duties of office, each commissioner take and subscribe to the official oath.  The revised law omits that provision, which is substantively identical to Section 1, Article XVI, Texas Constitution, to conform to the policy of the legislative council's statutory revision program as described in Revisor's Note (1) to Section 81.01003.  Article 6447 also requires that each commissioner swear to enforce state laws concerning railroads. The revised law omits that provision as obsolete since, as noted in Revisor's Note (1) to Section 81.01010, the powers and duties of the commission that relate primarily to railroads and the regulation of railroads were transferred to the Texas Department of Transportation. The revised law does not require members of the Texas Transportation Commission to take such an oath because the requirement to take the oath is the responsibility of an individual commissioner and not an agency power or duty.  The omitted law reads:

Oath, etc.--Before entering upon the duties of his office, each commissioner shall take and subscribe to the official oath and shall in addition thereto swear that he will to the best of his ability faithfully and justly execute and enforce the provisions of this title and all laws of this State concerning railroads, which oath shall be filed with the Secretary of State.

(2)  V.A.C.S. Article 6447, which was enacted in 1891 and amended in pertinent part in 1983, provides in part for the reimbursement of commissioners and employees of the commission for travel expenses.  That provision is omitted from the revised law because it was impliedly repealed by a 1997 amendment to Chapter 660, Government Code, and by V.A.C.S. Article 6823b.  Section 660.003(a), Government Code, provides that Chapter 660, the General Appropriations Act, and the rules adopted by the comptroller under Chapter 660 govern the procedures, amounts, timing, limits, required documentation, permissible payees, distinctions among different types of state employees, and all other details concerning travel expense payments or reimbursements by a state agency.  V.A.C.S. Article 6823b, which was enacted in 1991, was codified in 1993 as Chapter 611, Government Code.  That chapter also governs reimbursement of state officers and employees for lodging, meals, and travel.  The omitted law reads:

Expenses.--The Commissioners shall receive from the State their necessary traveling expenses while traveling on the business of the Commission, which shall include the cost only of transportation while traveling on business for the Commission, upon an itemized statement thereof, sworn to by the party who incurred the expense, and approved by the Commission.  Employees of the Commission are entitled to reimbursement for expenses incurred in traveling on the business of the Commission as provided by the General Appropriations Act.

(3)  V.A.C.S. Article 6447d provides that the financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code.  The revised law omits that article because Section 321.013, Government Code, requires the state auditor to conduct audits of all departments as specified in the audit plan as defined in Section 321.001 of that code, and it is unnecessary to repeat that provision in this chapter.  The omitted law reads:

Art. 6447d.  The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code.

(4)  V.A.C.S. Article 6447e provides that the commission is subject to the open meetings law, codified as Chapter 551, Government Code, and the Administrative Procedure and Texas Register Act, codified as Chapters 2001 and 2002, Government Code.  The revised law omits that article as unnecessary because Chapter 551, Government Code, applies to the commission under Section 551.001 of that code and Chapters 2001 and 2002, Government Code, apply to the commission under Sections 2001.003 and 2002.001 of that code, respectively.  The omitted law reads:

Art. 6447e.  The commission is subject to the open meetings law, Chapter 271, Acts of the 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's Texas Civil Statutes), and the Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).

[Sections 81.021-81.050 reserved for expansion]

SUBCHAPTER C.  JURISDICTION, POWERS, AND DUTIES

Revised Law

Sec. 81.0591.  COMPLAINTS.  (a)  The commission shall maintain a file on each written complaint filed with the commission.  The file must include:

(1)  the name of the person who filed the complaint;

(2)  the date the complaint is received by the commission;

(3)  the subject matter of the complaint;

(4)  the name of each person contacted in relation to the complaint;

(5)  a summary of the results of the review or investigation of the complaint; and

(6)  an explanation of the reason the file was closed, if the commission closed the file without taking action other than to investigate the complaint.

(b)  The commission shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commission's policies and procedures relating to complaint investigation and resolution.

(c)  The commission, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.  (V.A.C.S. Art. 6447h.)

Source Law

Art. 6447h.  (a)  The commission shall maintain a file on each written complaint filed with the commission.  The file must include:

(1)  the name of the person who filed the complaint;

(2)  the date the complaint is received by the commission;

(3)  the subject matter of the complaint;

(4)  the name of each person contacted in relation to the complaint;

(5)  a summary of the results of the review or investigation of the complaint; and

(6)  an explanation of the reason the file was closed, if the commission closed the file without taking action other than to investigate the complaint.

(b)  The commission shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commission's policies and procedures relating to complaint investigation and resolution.

(c)  The commission, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.

Revised Law

Sec. 81.0592.  CONSUMER INTEREST INFORMATION.  (a)  The commission shall prepare information of consumer interest describing the regulatory functions of the commission and the procedures by which consumer complaints are filed with and resolved by the commission.

(b)  The commission shall make the information available to the public and appropriate state agencies.  (V.A.C.S. Art. 6447g.)

Source Law

Art. 6447g.  The commission shall prepare information of consumer interest describing the regulatory functions of the commission and describing the commission's procedures by which consumer complaints are filed with and resolved by the commission.  The commission shall make the information available to the general public and appropriate state agencies.

Revised Law

Sec. 81.062.  PUBLIC PARTICIPATION.  The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.  (V.A.C.S. Art. 6447l.)

Source Law

Art. 6447l.  The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.

Revised Law

Sec. 81.063.  ISSUANCE, SUSPENSION, OR REVOCATION OF LICENSE, PERMIT, OR CERTIFICATE.  (a)  If the commission proposes to suspend or revoke a person's license, permit, or certificate of public convenience and necessity, the person is entitled to a hearing before the commission.

(b)  The commission may not:

(1)  refuse to issue a license, permit, or certificate to a person because of the person's race, religion, color, sex, or national origin; or

(2)  revoke or suspend the license, permit, or certificate of a person because of the person's race, religion, color, sex, or national origin.  (V.A.C.S. Arts. 6447f(a), (c).)

Source Law

Art. 6447f.  (a)  If the commission proposes to suspend or revoke a person's license, permit, or certificate of public convenience and necessity, the person is entitled to a hearing before the commission.

(c)  The commission may not:

(1)  refuse to issue a license, permit, or certificate to a person because of the person's race, religion, color, sex, or national origin; or

(2)  revoke or suspend the license, permit, or certificate of a person because of the person's race, religion, color, sex, or national origin.

Revisor's Note

Subsection (b), V.A.C.S. Article 6447f, provides that proceedings for the suspension or revocation of a license, permit, or certificate of public convenience and necessity are governed by the Administrative Procedure and Texas Register Act.  The revised law omits that provision because the Administrative Procedure and Texas Register Act, the pertinent part of which was codified in 1993 as Chapter 2001, Government Code, applies to those proceedings by its own terms.  The omitted law reads:

(b)  Proceedings for the suspension or revocation of a license, permit, or certificate of public convenience and necessity are governed by the Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).

Revised Law

Sec. 81.064.  POWERS OF COMMISSIONER OR DESIGNATED EMPLOYEE IN CASES BEFORE COMMISSION.  (a)  In a case before the commission, a commissioner, or an authorized commission employee, designated by the commission for that purpose, in the same manner as if the entire commission were present, may:

(1)  hold a hearing;

(2)  conduct an investigation;

(3)  make a record of a hearing or investigation for the use and benefit of the commission;

(4)  administer an oath;

(5)  certify to an official act; and

(6)  compel the attendance of a witness and the production of papers, books, accounts, and other pertinent documents and testimony.

(b)  The record of a hearing or investigation made under this section that is certified to by the commissioner or employee has the same effect as if made before the commission.  The commission shall determine a case in which the record is made under this section in the same manner as if the record had been made before the commission.

(c)  The commission may punish for contempt a person who:

(1)  refuses to comply with this section; or

(2)  obstructs or attempts to obstruct a proceeding under this section.  (V.A.C.S. Art. 6519a (part).)

Source Law

Art. 6519a.  Any member of the Railroad Commission of Texas (or any authorized employee thereof) designated by the Commission for that purpose, shall have power in all cases coming before the Commission to hold hearings and conduct investigations and to make a record thereof for the use and benefit of the Commission, the same as if the entire Commission were present, and such commissioner or designated employee is hereby given the authority to administer oaths, certify to all official acts, and compel the attendance of witnesses and the production of papers, waybills, books, accounts and all other pertinent documents and testimony, and said record when so made and properly certified to by such commissioner or employee, shall have the same force and effect as if made before the Commission, and cases in which such records are made shall be determined by the Commission as if the record had been made before the Commission itself.

Any person who shall in any way, refuse to comply with any provision of this Act or any person who shall in any way undertake to obstruct or interfere with any proceeding under this Act, shall be subject to punishment for contempt by the Commission.

…

Revisor's Note

(1)  V.A.C.S. Article 6519a states that a commissioner or an authorized commission employee may compel the production of "papers, waybills, books, accounts and all other pertinent documents and testimony."  The revised law omits the reference to "waybills" because "waybills" is included in the meaning of "papers."

(2)  V.A.C.S. Article 6519a states that a record of a hearing or investigation under that article that is certified to by the commissioner or employee has "the same force and effect" as if made before the commission.  The revised law omits the reference to "force" because, in context, "force" is included in the meaning of effect.

(3)  V.A.C.S. Article 6519a refers to a person who "obstruct[s]" or "interfere[s]" with a proceeding under that article.  The reference to "interfere" is omitted from the revised law because "interfere" is included in the meaning of "obstruct."

(4)  V.A.C.S. Article 6519a provides that the article is cumulative of all other laws conferring jurisdiction and authority on the commission.  The revised law omits that provision because an accepted general principle of statutory construction requires a statute to be given cumulative effect with other statutes unless the statute provides otherwise or unless the statute conflicts with another statute.  The general principle applies to the revised law.  The omitted law reads:

Art. 6519a.  …

This Act shall be cumulative of all other laws conferring jurisdiction and authority upon the Railroad Commission.

[Sections 81.065-81.090 reserved for expansion]

SUBCHAPTER D.  WITNESSES

Revised Law

Sec. 81.093.  DEPOSITIONS.  (a)  In a matter pending for hearing before the commission or a division of the commission, the commission or an interested party may produce the testimony of a witness by written or oral deposition instead of compelling the personal attendance of the witness.  For that purpose, the commission may issue a commission or other process necessary to take a deposition.

(b)  The deposition shall be taken, to the extent applicable and to the greatest extent possible, in accordance with the provisions of the Texas Rules of Civil Procedure relating to written and oral depositions.  (V.A.C.S. Art. 6472a.)

Source Law

Art. 6472a.  In all matters pending for hearing before the Railroad Commission of Texas, or any division thereof, the Commission, or any interested party, shall have the right to produce the testimony of any witness, or witnesses, by either written or oral depositions instead of compelling the personal attendance of witnesses.  For this purpose the Commission is hereby empowered and authorized to issue commissions and all other process necessary for the purpose of taking such depositions.  All depositions taken under the provisions of this Act shall be taken, insofar as applicable and to the fullest extent possible, in accordance with provisions of the Texas Rules of Civil Procedure, as amended, relating to written and oral depositions in civil cases.

Revisor's Note

(1)  V.A.C.S. Article 6472a was enacted into law by the legislature but was not added to or made a part of Title 112, Revised Statutes, by legislative action. Definitions, penalties, and other references that are derived from V.A.C.S. Title 112 and that are generally applicable to "this title," "this subtitle," or "this chapter" should be examined carefully to determine whether they applied specifically to Article 6472a and, therefore, Section 81.093.

(2)  V.A.C.S. Article 6472a refers to the Texas Rules of Civil Procedure, "as amended."  The revised law omits "as amended" for the reason stated in the revisor's note to Section 81.01013.

(3)  V.A.C.S. Article 6472a refers to the provisions of the Texas Rules of Civil Procedure, "relating to written and oral depositions in civil cases."  The revised law omits "in civil cases" as unnecessary because Rule 2, Texas Rules of Civil Procedure, states that the rules apply to "all actions of a civil nature."

[Sections 81.094-81.110 reserved for expansion]

Revisor's Note

(End of Chapter)

(1)  V.A.C.S. Article 6444 defines "Commission" and "Commissioners."  V.A.C.S. Article 6447a-1 defines "commission."  The revised law omits those articles because they duplicate Section 81.001 of this code.  The omitted laws read:

Art. 6444.  The term "Commission" as used in this title means the Railroad Commission of Texas, and the term "Commissioners" means the members of the Railroad Commission of Texas.

Art. 6447a-1.  In Articles 6447b-6447h, Revised Statutes, "commission" means the Railroad Commission of Texas.

(2)  V.A.C.S. Article 6519c requires certain taxes and fees to be deposited to the credit of the general revenue fund, authorizes the comptroller to establish accounts to account for the sources and uses of dedicated money deposited to the credit of the general revenue fund, and authorizes the legislature to appropriate money from the general revenue fund to the commission to carry out the commission's duties.  The revised law omits that article as unnecessary.  Section 404.094, Government Code, requires, with certain exceptions, all money collected or received by a state agency to be deposited to the credit of the general revenue fund.  Section 403.031, Government Code, requires the comptroller to maintain accounts and information as necessary to show the sources of state revenues and the purposes for which expenditures are made.  In addition, the legislature has the power to appropriate money to the commission without an express statement to that effect.  The omitted law reads:

Art. 6519c. (a)  Except as provided by Section 131.231, Natural Resources Code, all taxes, license fees, permit fees, examination fees, and truck registration fees collected or received by the Railroad Commission of Texas shall be deposited to the credit of the General Revenue Fund.

(b)  The comptroller of public accounts may establish accounts as are necessary to account for the sources and uses of dedicated funds deposited to the General Revenue Fund under this section.

(c)  The legislature may appropriate funds from the General Revenue Fund to the Railroad Commission of Texas for the operation of the commission and for carrying out the duties of the commission as required or permitted by law.