Texas 2013 - 83rd Regular

Texas House Bill HB2166 Compare Versions

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1	1	83R20782 SMH-D
2	2	By: Bonnen of Brazoria H.B. No. 2166
3	3	Substitute the following for H.B. No. 2166:
4	4	By: Canales C.S.H.B. No. 2166
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the continuation, functions, and name of the Railroad
10	10	Commission of Texas; providing for the imposition of fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Chapter 81, Natural Resources
13	13	Code, is amended to read as follows:
14	14	CHAPTER 81. TEXAS ENERGY [RAILROAD] COMMISSION [OF TEXAS]
15	15	SECTION 2. Section 81.001, Natural Resources Code, is
16	16	amended to read as follows:
17	17	Sec. 81.001. DEFINITIONS. In this chapter:
18	18	(1) "Commission" means the Texas Energy [Railroad]
19	19	Commission [of Texas].
20	20	(2) "Commissioner" means any member of the Texas
21	21	Energy [Railroad] Commission [of Texas].
22	22	SECTION 3. Subchapter A, Chapter 81, Natural Resources
23	23	Code, is amended by adding Section 81.003 to read as follows:
24	24	Sec. 81.003. TEXAS ENERGY COMMISSION. (a) The Railroad
25	25	Commission of Texas is renamed the Texas Energy Commission.
26	26	(b) A reference in law to:
27	27	(1) the Railroad Commission of Texas means the Texas
28	28	Energy Commission; and
29	29	(2) a railroad commissioner or a member of the
30	30	Railroad Commission of Texas means a member of the Texas Energy
31	31	Commission.
32	32	SECTION 4. Section 81.01001, Natural Resources Code, is
33	33	amended to read as follows:
34	34	Sec. 81.01001. SUNSET PROVISION. The Texas Energy
35	35	[Railroad] Commission [of Texas] is subject to Chapter 325,
36	36	Government Code (Texas Sunset Act). Unless continued in existence
37	37	as provided by that chapter, the commission is abolished September
38	38	1, 2023 [2013].
39	39	SECTION 5. Subchapter B, Chapter 81, Natural Resources
40	40	Code, is amended by adding Sections 81.010015 and 81.010046 to read
41	41	as follows:
42	42	Sec. 81.010015. ELECTION AND TERMS OF COMMISSIONERS;
43	43	VACANCIES. (a) The commission is composed of three commissioners
44	44	elected at the general election for state and county officers.
45	45	(b) Commissioners serve staggered terms of six years, with
46	46	the term of one commissioner expiring December 31 of each
47	47	even-numbered year.
48	48	(c) The governor shall appoint a person to fill a vacancy on
49	49	the commission until the next general election.
50	50	Sec. 81.010046. AUTOMATIC RESIGNATION. If a person who is a
51	51	member of the commission announces the person's candidacy, or in
52	52	fact becomes a candidate, in any general, special, or primary
53	53	election for any elective office other than the office of
54	54	commissioner, that announcement or that candidacy constitutes an
55	55	automatic resignation of the office of commissioner.
56	56	SECTION 6. Section 81.01005, Natural Resources Code, is
57	57	amended to read as follows:
58	58	Sec. 81.01005. NAME AND SEAL. (a) The commissioners are
59	59	known collectively as the "Texas Energy [Railroad] Commission [of
60	60	Texas]."
61	61	(b) The seal of the commission contains a star of five
62	62	points with the words "Texas Energy [Railroad] Commission [of
63	63	Texas]" engraved on it.
64	64	SECTION 7. The heading to Section 81.0521, Natural
65	65	Resources Code, is amended to read as follows:
66	66	Sec. 81.0521. FEE FOR APPLICATION FOR EXCEPTION TO
67	67	[RAILROAD] COMMISSION RULE.
68	68	SECTION 8. Sections 81.0531(c) and (d), Natural Resources
69	69	Code, are amended to read as follows:
70	70	(c) In determining the amount of the penalty, the commission
71	71	shall consider the [permittee's history of previous violations, the
72	72	seriousness of the violation, any hazard to the health or safety of
73	73	the public, and the demonstrated good faith of the person charged.
74	74	In determining the amount of the penalty for a violation of a
75	75	provision of this title or a rule, order, license, permit, or
76	76	certificate that relates to pipeline safety, the commission shall
77	77	consider the] guidelines adopted under Subsection (d).
78	78	(d) The commission [by rule] shall adopt guidelines to be
79	79	used in determining the amount of the penalty. The commission shall
80	80	provide an opportunity for public input on the guidelines [for a
81	81	violation of a provision of this title or a rule, order, license,
82	82	permit, or certificate that relates to pipeline safety]. The
83	83	guidelines must [shall] include a penalty calculation worksheet
84	84	that specifies the typical penalty for certain violations,
85	85	circumstances justifying enhancement of a penalty and the amount of
86	86	the enhancement, and circumstances justifying a reduction in a
87	87	penalty and the amount of the reduction. The guidelines must
88	88	provide for different penalties for different violations based on
89	89	the seriousness of the violation and any hazard to the health or
90	90	safety of the public resulting from the violation. The guidelines
91	91	must [shall] take into account:
92	92	(1) the permittee's history of previous violations,
93	93	including the number of previous violations;
94	94	(2) the seriousness of the violation and of any
95	95	pollution resulting from the violation;
96	96	(3) any hazard to the health or safety of the public;
97	97	(4) the degree of culpability;
98	98	(5) the demonstrated good faith of the person charged;
99	99	[and]
100	100	(6) the number of times the permittee's certificate of
101	101	compliance issued under Subchapter P, Chapter 91, has been
102	102	canceled; and
103	103	(7) any other factor the commission considers
104	104	relevant.
105	105	SECTION 9. Subchapter C, Chapter 81, Natural Resources
106	106	Code, is amended by adding Sections 81.0645, 81.065, and 81.066 to
107	107	read as follows:
108	108	Sec. 81.0645. EX PARTE COMMUNICATIONS. The commission by
109	109	rule shall develop a policy to prohibit an ex parte communication
110	110	between a hearings examiner and a commissioner or between a
111	111	hearings examiner and a member of the technical staff of the
112	112	commission who has participated in a hearing. The policy must
113	113	prohibit a commissioner from communicating with a hearings examiner
114	114	other than in a formal public hearing.
115	115	Sec. 81.065. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
116	116	RESOLUTION POLICY. (a) The commission shall develop and implement
117	117	a policy to encourage the use of:
118	118	(1) negotiated rulemaking procedures under Chapter
119	119	2008, Government Code, for the adoption of commission rules; and
120	120	(2) appropriate alternative dispute resolution
121	121	procedures under Chapter 2009, Government Code, to assist in the
122	122	resolution of internal and external disputes under the commission's
123	123	jurisdiction.
124	124	(b) The commission's procedures relating to alternative
125	125	dispute resolution must conform, to the extent possible, to any
126	126	model guidelines issued by the State Office of Administrative
127	127	Hearings for the use of alternative dispute resolution by state
128	128	agencies.
129	129	(c) The commission shall:
130	130	(1) coordinate the implementation of the policy
131	131	adopted under Subsection (a);
132	132	(2) provide training as needed to implement the
133	133	procedures for negotiated rulemaking or alternative dispute
134	134	resolution; and
135	135	(3) collect information concerning the effectiveness
136	136	of those procedures.
137	137	Sec. 81.066. ENFORCEMENT POLICY. (a) The commission shall
138	138	adopt an enforcement policy to guide the employees of the
139	139	commission in evaluating violations of the provisions of this title
140	140	that pertain to safety or the prevention or control of pollution or
141	141	the provisions of a rule, order, license, permit, or certificate
142	142	that pertains to safety or the prevention or control of pollution
143	143	and is issued under this title.
144	144	(b) The enforcement policy adopted under this section must
145	145	include:
146	146	(1) a specific process for classifying violations
147	147	based on:
148	148	(A) the seriousness of any pollution resulting
149	149	from the violation; and
150	150	(B) any hazard to the health or safety of the
151	151	public; and
152	152	(2) standards to provide guidance to commission
153	153	employees on which violations may be dismissed once the permittee
154	154	comes into compliance and which violations must be forwarded for
155	155	enforcement.
156	156	(c) The standards adopted under Subsection (b)(2) must
157	157	require a commission employee to take into account the permittee's
158	158	history of previous violations in determining whether to dismiss a
159	159	violation once the permittee comes into compliance or forward the
160	160	violation for enforcement.
161	161	SECTION 10. Sections 81.067(b) and (c), Natural Resources
162	162	Code, are amended to read as follows:
163	163	(b) The commission shall certify to the comptroller the date
164	164	on which the balance in the fund equals or exceeds $30 [$20]
165	165	million. The oil-field cleanup regulatory fees on oil and gas
166	166	shall not be collected or required to be paid on or after the first
167	167	day of the second month following the certification, except that
168	168	the comptroller shall resume collecting the fees on receipt of a
169	169	commission certification that the fund has fallen below $25 [$10]
170	170	million. The comptroller shall continue collecting the fees until
171	171	collections are again suspended in the manner provided by this
172	172	subsection.
173	173	(c) The fund consists of:
174	174	(1) proceeds from bonds and other financial security
175	175	required by this chapter and benefits under well-specific plugging
176	176	insurance policies described by Section 91.104(c) that are paid to
177	177	the state as contingent beneficiary of the policies, subject to the
178	178	refund provisions of Section 91.1091, if applicable;
179	179	(2) private contributions, including contributions
180	180	made under Section 89.084;
181	181	(3) expenses collected under Section 89.083;
182	182	(4) fees imposed under Section 85.2021;
183	183	(5) costs recovered under Section 91.457 or 91.459;
184	184	(6) proceeds collected under Sections 89.085 and
185	185	91.115;
186	186	(7) interest earned on the funds deposited in the
187	187	fund;
188	188	(8) oil and gas waste hauler permit application fees
189	189	collected under Section 29.015, Water Code;
190	190	(9) costs recovered under Section 91.113(f);
191	191	(10) hazardous oil and gas waste generation fees
192	192	collected under Section 91.605;
193	193	(11) oil-field cleanup regulatory fees on oil
194	194	collected under Section 81.116;
195	195	(12) oil-field cleanup regulatory fees on gas
196	196	collected under Section 81.117;
197	197	(13) fees for a reissued certificate collected under
198	198	Section 91.707;
199	199	(14) fees collected under Section 91.1013;
200	200	(15) fees collected under Section 89.088;
201	201	(16) fees collected under Section 91.142;
202	202	(17) fees collected under Section 91.654;
203	203	(18) costs recovered under Sections 91.656 and 91.657;
204	204	(19) two-thirds of the fees collected under Section
205	205	81.0521;
206	206	(20) fees collected under Sections 89.024 and 89.026;
207	207	(21) legislative appropriations; [and]
208	208	(22) any surcharges collected under Section 81.070;
209	209	and
210	210	(23) money deposited in the fund under Section
211	211	113.243.
212	212	SECTION 11. Section 81.068, Natural Resources Code, is
213	213	amended to read as follows:
214	214	Sec. 81.068. PURPOSES [PURPOSE] OF OIL AND GAS REGULATION
215	215	AND CLEANUP FUND. Money in the oil and gas regulation and cleanup
216	216	fund may be used by the commission or its employees or agents for
217	217	any purpose related to the regulation of oil and gas development,
218	218	including oil and gas monitoring and inspections, oil and gas
219	219	remediation, and oil and gas well plugging, the Alternative Fuels
220	220	Research and Education Division program, public information and
221	221	services related to those activities, and administrative costs and
222	222	state benefits for personnel involved in those activities.
223	223	SECTION 12. Sections 81.069(b) and (c), Natural Resources
224	224	Code, are amended to read as follows:
225	225	(b) The commission shall provide to the Legislative Budget
226	226	Board and post on the commission's Internet website quarterly
227	227	reports [to the Legislative Budget Board] that include:
228	228	(1) the following information with respect to the
229	229	period since the last report was provided as well as cumulatively:
230	230	(A) the amount of money deposited in the oil and
231	231	gas regulation and cleanup fund;
232	232	(B) the amount of money spent from the fund for
233	233	the purposes described by Subsection (a);
234	234	(C) the balance of the fund; and
235	235	(D) the commission's progress in meeting the
236	236	quarterly performance goals established under Subsection (a) and,
237	237	if the number of orphaned wells plugged with state-managed funds,
238	238	abandoned sites investigated, assessed, or cleaned up with state
239	239	funds, or surface locations remediated is at least five percent
240	240	less than the number projected in the applicable goal established
241	241	under Subsection (a), an explanation of the reason for the
242	242	variance; and
243	243	(2) any additional information or data requested in
244	244	writing by the Legislative Budget Board.
245	245	(c) The commission shall submit to the legislature and make
246	246	available to the public, including by posting on the commission's
247	247	Internet website, annually, a report that reviews the extent to
248	248	which money provided under Section 81.067 has enabled the
249	249	commission to better protect the environment through oil-field
250	250	cleanup activities. The report must include:
251	251	(1) the performance goals established under
252	252	Subsection (a) for that state fiscal year, the commission's
253	253	progress in meeting those performance goals, and, if the number of
254	254	orphaned wells plugged with state-managed funds, abandoned sites
255	255	investigated, assessed, or cleaned up with state funds, or surface
256	256	locations remediated is at least five percent less than the number
257	257	projected in the applicable goal established under Subsection (a),
258	258	an explanation of the reason for the variance;
259	259	(2) the number of orphaned wells plugged with
260	260	state-managed funds, by region;
261	261	(3) the number of wells orphaned, by region;
262	262	(4) the number of inactive wells not currently in
263	263	compliance with commission rules, by region;
264	264	(5) the status of enforcement proceedings for all
265	265	wells in violation of commission rules and the period during which
266	266	the wells have been in violation, by region in which the wells are
267	267	located;
268	268	(6) the number of surface locations remediated, by
269	269	region;
270	270	(7) a detailed accounting of expenditures of money in
271	271	the fund for oil-field cleanup activities, including expenditures
272	272	for plugging of orphaned wells, investigation, assessment, and
273	273	cleaning up of abandoned sites, and remediation of surface
274	274	locations;
275	275	(8) the method by which the commission sets priorities
276	276	by which it determines the order in which orphaned wells are
277	277	plugged;
278	278	(9) a projection of the amount of money needed for the
279	279	next biennium for plugging orphaned wells, investigating,
280	280	assessing, and cleaning up abandoned sites, and remediating surface
281	281	locations; and
282	282	(10) the number of sites successfully remediated under
283	283	the voluntary cleanup program under Subchapter O, Chapter 91, by
284	284	region.
285	285	SECTION 13. Subchapter C, Chapter 81, Natural Resources
286	286	Code, is amended by adding Section 81.071 to read as follows:
287	287	Sec. 81.071. PIPELINE SAFETY AND REGULATORY FEES. (a) The
288	288	commission by rule may establish pipeline safety and regulatory
289	289	fees to be assessed annually against persons owning or operating
290	290	pipelines in Texas that are subject to the jurisdiction of the
291	291	commission as established under Section 81.051. The fees must be in
292	292	amounts that in the aggregate are sufficient to support all
293	293	pipeline safety and regulatory program costs, including:
294	294	(1) permitting or registration costs;
295	295	(2) mapping costs;
296	296	(3) administrative costs; and
297	297	(4) costs of employee salaries and benefits.
298	298	(b) The commission by rule must establish the method or
299	299	methods by which the fees will be calculated and assessed so that
300	300	fee amounts will reflect the time spent and costs incurred to
301	301	perform the regulatory work associated with permitting or
302	302	registering pipelines, the effects of required fees on owners and
303	303	operators of all sizes, and other factors the commission determines
304	304	are important to the fair imposition of the fees. The commission
305	305	may base the fees on any factor the commission considers necessary
306	306	to efficiently and fairly recover the pipeline safety and
307	307	regulatory program's costs, including:
308	308	(1) the length of the pipeline;
309	309	(2) the number of new permits, permit renewals, or
310	310	permit amendments; or
311	311	(3) the number of pipeline owners, operators, or
312	312	systems.
313	313	(c) The commission by rule may provide that a fee assessed
314	314	under this section that is submitted with a permit application that
315	315	is denied is nonrefundable.
316	316	(d) The commission by rule may establish a reasonable late
317	317	payment penalty for a fee assessed under this section.
318	318	(e) The authority provided by this section is in addition to
319	319	the authority provided by Section 121.211, Utilities Code, and the
320	320	commission shall consider any fees assessed under that section in
321	321	establishing the fees to be assessed under this section.
322	322	SECTION 14. Section 91.1135(e), Natural Resources Code, is
323	323	transferred to Section 81.069, Natural Resources Code,
324	324	redesignated as Section 81.069(d), Natural Resources Code, and
325	325	amended to read as follows:
326	326	(d) [(e)] The commission shall provide to the Legislative
327	327	Budget Board and post on the commission's Internet website
328	328	quarterly reports [to the committee and the Legislative Budget
329	329	Board] that include[:
330	330	[(1)] the following information with respect to the
331	331	period since the last report was provided as well as cumulatively:
332	332	(1) [(A)] the amount of money deposited in the oil and
333	333	gas regulation and [oil-field] cleanup fund;
334	334	(2) [(B)] the amount of money spent from the fund;
335	335	(3) [(C)] the balance of the fund;
336	336	(4) [(D)] the number of wells plugged with money from
337	337	the fund;
338	338	(5) [(E)] the number of sites remediated with money
339	339	from the fund; and
340	340	(6) [(F)] the number of wells abandoned[; and
341	341	[(2) any additional information or data requested in
342	342	writing by the committee].
343	343	SECTION 15. Subchapter B, Chapter 102, Natural Resources
344	344	Code, is amended by adding Section 102.0165 to read as follows:
345	345	Sec. 102.0165. LOCATION OF HEARING. (a) At the request of
346	346	an interested party and with the consent of each interested party,
347	347	the commission may hold the hearing on the application in person or
348	348	by telephone at a location in the vicinity of the proposed unit.
349	349	(b) The commission may contract with another state agency to
350	350	hold hearings on applications for pooling of interests into a unit
351	351	under the provisions of this chapter in person or by telephone at
352	352	field offices of that agency.
353	353	SECTION 16. Section 113.243, Natural Resources Code, is
354	354	amended to read as follows:
355	355	Sec. 113.243. DEPOSIT AND USE OF CERTAIN REVENUE
356	356	[ALTERNATIVE FUELS RESEARCH AND EDUCATION FUND]. (a) The
357	357	following revenue shall be deposited in the oil and gas regulation
358	358	and cleanup fund [alternative fuels research and education fund is
359	359	created] in the state treasury[.
360	360	[(b) The fund consists of money from]:
361	361	(1) fees charged under this subchapter;
362	362	(2) the penalties for the late payment of the fee
363	363	charged under this subchapter;
364	364	(3) gifts, grants, or other assistance received by the
365	365	commission from any source for the purposes of this subchapter;
366	366	(4) [interest earned on amounts in the fund;
367	367	[(5)] amounts collected by the commission under an
368	368	agreement with another state in accordance with Section 113.246(e);
369	369	(5) [(6)] assessments, rebates on assessments, and
370	370	other money collected by the commission under the Propane Education
371	371	and Research Act of 1996 (15 U.S.C. Section 6401 et seq.) or other
372	372	applicable federal law; and
373	373	(6) [(7)] fees, royalties, or other things of value
374	374	received from the items described by Subsections (d)(1)(A)-(D)
375	375	[(f)(1)(A)-(D)].
376	376	(b) Money deposited in the oil and gas regulation and
377	377	cleanup fund under this section [(c) The fund] may be used only by
378	378	the commission to pay for activities relating to the specific fuel
379	379	from which the fee, royalty, or other thing of value was derived or
380	380	the specific fuel, if any, for which the gift, grant, or other
381	381	assistance is given, including direct and indirect costs relating
382	382	to:
383	383	(1) researching all possible uses of LPG and other
384	384	environmentally beneficial alternative fuels to enhance air
385	385	quality;
386	386	(2) researching, developing, and implementing
387	387	marketing, advertising, and informational programs relating to
388	388	alternative fuels to make alternative fuels more understandable and
389	389	readily available to consumers;
390	390	(3) developing and implementing conservation and
391	391	distribution plans to minimize the frequency and severity of
392	392	disruptions in the supply of alternative fuels;
393	393	(4) developing a public information plan that will
394	394	provide advisory services relating to alternative fuels to
395	395	consumers;
396	396	(5) developing voluntary participation plans to
397	397	promote the use of alternative fuels by federal, state, and local
398	398	agencies;
399	399	(6) implementing consumer incentive or rebate
400	400	programs developed pursuant to Section 113.2435 [of this
401	401	subchapter];
402	402	(7) other functions the commission determines are
403	403	necessary to add a program established by the commission for the
404	404	purpose of promoting the use of LPG or other environmentally
405	405	beneficial alternative fuels; and
406	406	(8) the administrative costs incurred by the
407	407	commission under this subchapter.
408	408	(c) [(d) If a specific fee, royalty, gift, grant, other
409	409	thing of value, or other assistance is designated for or collected
410	410	from discrete components of the alternative fuels industry, the
411	411	fee, royalty, gift, grant, other thing of value, or other
412	412	assistance shall be deposited in a separate account in the fund.
413	413	[(e)] The commission may apply for, request, solicit,
414	414	contract for, receive, and accept gifts, grants, and other
415	415	assistance from any source for the purposes of this subchapter.
416	416	(d) [Money received under this subsection shall be
417	417	deposited in a separate account in the fund as provided in
418	418	Subsection (d) of this section.
419	419	[(f)] The commission may:
420	420	(1) apply for, register, secure, hold, and protect
421	421	under the laws of a state, the United States, or a foreign country a
422	422	patent, copyright, trademark, or other evidence of protection or
423	423	exclusivity issued for an idea, publication, or other original
424	424	innovation fixed in a tangible medium, including:
425	425	(A) a logo;
426	426	(B) a service mark;
427	427	(C) a study;
428	428	(D) an engineering, architectural, or graphic
429	429	design;
430	430	(E) a manual;
431	431	(F) automated systems software;
432	432	(G) an audiovisual work; or
433	433	(H) a sound recording;
434	434	(2) enter into a license agreement with a third party
435	435	in return for a fee, royalty, or other thing of value; and
436	436	(3) waive or reduce the amount of a fee, royalty, or
437	437	other thing of value to be assessed if the commission determines
438	438	that the waiver will:
439	439	(A) further the goals and missions of the
440	440	commission's division responsible for alternative fuels research
441	441	and education; and
442	442	(B) result in a net benefit to the state.
443	443	(e) [(g)] Money received under Subsection (d) [(f)] shall
444	444	be deposited in [a separate account in] the oil and gas regulation
445	445	and cleanup fund as provided by Subsection (a) [(d)], except that
446	446	any money received by the commission from the items described by
447	447	Subsections (d)(1)(E)-(H) [(f)(1)(E)-(H)] shall be deposited in
448	448	the general revenue fund.
449	449	SECTION 17. Sections 113.2435(c) and (d), Natural Resources
450	450	Code, are amended to read as follows:
451	451	(c) Rules adopted and promulgated by the commission under
452	452	this section shall specify the following:
453	453	(1) rebate levels for various types of equipment such
454	454	that the rebates achieve an amount of public good comparable to the
455	455	rebate amount;
456	456	(2) a condition that the recipient agree to practice
457	457	environmentally sound operating principles;
458	458	(3) a condition that the rebate recipient agree to not
459	459	modify the equipment for a specified number of years as set by the
460	460	commission;
461	461	(4) any other conditions or restrictions determined by
462	462	the commission that would help ensure that either of the desired
463	463	goals of achieving energy conservation and efficiency or improving
464	464	air quality in this state is furthered;
465	465	(5) a limitation on the proportion of the money in the
466	466	oil and gas regulation and cleanup fund that was deposited in the
467	467	fund under Section 113.243 and is usable for the rebate program that
468	468	limits the proportion usable to not more than 50 percent of the
469	469	funds available; and
470	470	(6) that the name or seal of the commission shall not
471	471	be used on any advertising that promotes the propane water heater
472	472	rebate program.
473	473	(d) Notwithstanding Subsection (c)(5), the commission shall
474	474	make available for rebates during a fiscal year the entire amount of
475	475	money made available for rebates during the preceding fiscal year
476	476	that was not spent during the preceding fiscal year. The amount of
477	477	money made available for rebates during the preceding fiscal year
478	478	that was not spent during the preceding fiscal year is not counted
479	479	in determining the limitation on the proportion of the money in the
480	480	oil and gas regulation and cleanup fund that was deposited in the
481	481	fund under Section 113.243 and is usable for the rebate program
482	482	during a fiscal year.
483	483	SECTION 18. Section 117.012(a), Natural Resources Code, is
484	484	amended to read as follows:
485	485	(a) The commission shall adopt rules that include:
486	486	(1) safety standards for and practices applicable to
487	487	the intrastate transportation of hazardous liquids or carbon
488	488	dioxide by pipeline and intrastate hazardous liquid or carbon
489	489	dioxide pipeline facilities; and
490	490	(2) [, including] safety standards related to the
491	491	prevention of damage to interstate and intrastate hazardous liquid
492	492	or carbon dioxide pipeline facilities [such a facility] resulting
493	493	from the movement of earth by a person in the vicinity of such a
494	494	[the] facility, other than movement by tillage that does not exceed
495	495	a depth of 16 inches.
496	496	SECTION 19. Section 52.092(c), Election Code, is amended to
497	497	read as follows:
498	498	(c) Statewide offices of the state government shall be
499	499	listed in the following order:
500	500	(1) governor;
501	501	(2) lieutenant governor;
502	502	(3) attorney general;
503	503	(4) comptroller of public accounts;
504	504	(5) commissioner of the General Land Office;
505	505	(6) commissioner of agriculture;
506	506	(7) energy [railroad] commissioner;
507	507	(8) chief justice, supreme court;
508	508	(9) justice, supreme court;
509	509	(10) presiding judge, court of criminal appeals;
510	510	(11) judge, court of criminal appeals.
511	511	SECTION 20. Section 756.126, Health and Safety Code, is
512	512	amended to read as follows:
513	513	Sec. 756.126. SAFETY STANDARDS AND BEST PRACTICES. The
514	514	Texas Energy [Railroad] Commission [of Texas] shall adopt and
515	515	enforce rules prescribing safety standards and best practices,
516	516	including those described by 49 U.S.C. Section 6105 et seq.,
517	517	relating to the prevention of damage by a person to a facility,
518	518	including an interstate or intrastate pipeline facility, under the
519	519	jurisdiction of the commission.
520	520	SECTION 21. Section 121.201(a), Utilities Code, is amended
521	521	to read as follows:
522	522	(a) The railroad commission may:
523	523	(1) by rule prescribe or adopt safety standards for
524	524	the transportation of gas and for gas pipeline facilities,
525	525	including safety standards related to the prevention of damage to
526	526	an interstate or intrastate gas pipeline [such a] facility
527	527	resulting from the movement of earth by a person in the vicinity of
528	528	the facility, other than movement by tillage that does not exceed a
529	529	depth of 16 inches;
530	530	(2) by rule require an operator that does not file
531	531	operator organization information under Section 91.142, Natural
532	532	Resources Code, to provide the information to the commission in the
533	533	form of an application;
534	534	(3) by rule require record maintenance and reports;
535	535	(4) inspect records and facilities to determine
536	536	compliance with safety standards prescribed or adopted under
537	537	Subdivision (1);
538	538	(5) make certifications and reports from time to time;
539	539	(6) seek designation by the United States secretary of
540	540	transportation as an agent to conduct safety inspections of
541	541	interstate gas pipeline facilities located in this state; and
542	542	(7) by rule take any other requisite action in
543	543	accordance with 49 U.S.C. Section 60101 et seq., or a succeeding
544	544	law.
545	545	SECTION 22. The following provisions of the Natural
546	546	Resources Code are repealed:
547	547	(1) the heading to Section 91.1135; and
548	548	(2) Sections 91.1135(a), (b), (c), (d), (f), and (g).
549	549	SECTION 23. (a) On the effective date of this Act:
550	550	(1) the alternative fuels research and education fund
551	551	is abolished;
552	552	(2) any money remaining in the alternative fuels
553	553	research and education fund is transferred to the oil and gas
554	554	regulation and cleanup fund;
555	555	(3) any claim against the alternative fuels research
556	556	and education fund is transferred to the oil and gas regulation and
557	557	cleanup fund; and
558	558	(4) any amount required to be deposited to the credit
559	559	of the alternative fuels research and education fund shall be
560	560	deposited to the credit of the oil and gas regulation and cleanup
561	561	fund.
562	562	(b) Any money transferred from the alternative fuels
563	563	research and education fund to the oil and gas regulation and
564	564	cleanup fund that was deposited in the alternative fuels research
565	565	and education fund as a gift, grant, or other form of assistance
566	566	under Subchapter I, Chapter 113, Natural Resources Code, and is
567	567	encumbered by the specific terms of the gift, grant, or other form
568	568	of assistance may be spent only in accordance with the terms of the
569	569	gift, grant, or other form of assistance.
570	570	SECTION 24. On the effective date of this Act, the name of
571	571	the Railroad Commission of Texas is changed to the Texas Energy
572	572	Commission. The change of the agency's name does not affect:
573	573	(1) the agency's powers, duties, rights, or
574	574	obligations;
575	575	(2) the agency's personnel, equipment, data,
576	576	documents, facilities, contracts, items, other property,
577	577	appropriations, rules, or decisions;
578	578	(3) a proceeding of or involving the agency under the
579	579	name of the Railroad Commission of Texas; or
580	580	(4) the terms of the chairman or other members of the
581	581	governing body of the agency.
582	582	SECTION 25. This Act takes effect September 1, 2013.