Texas 2015 - 84th Regular

Texas House Bill HB1823 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R1101 SMH/ATP-D
2	2	By: Anchia H.B. No. 1823
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the name and governance of the Railroad Commission of
8	8	Texas.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 81, Natural Resources
11	11	Code, is amended to read as follows:
12	12	CHAPTER 81. TEXAS ENERGY RESOURCES [RAILROAD] COMMISSION [OF TEXAS]
13	13	SECTION 2. Section 81.001, Natural Resources Code, is
14	14	amended to read as follows:
15	15	Sec. 81.001. DEFINITIONS. In this chapter:
16	16	(1) "Commission" means the Texas Energy Resources
17	17	[Railroad] Commission [of Texas].
18	18	(2) "Commissioner" means any member of the Texas
19	19	Energy Resources [Railroad] Commission [of Texas].
20	20	SECTION 3. Subchapter A, Chapter 81, Natural Resources
21	21	Code, is amended by adding Section 81.003 to read as follows:
22	22	Sec. 81.003. TEXAS ENERGY RESOURCES COMMISSION. (a) The
23	23	Railroad Commission of Texas is renamed the Texas Energy Resources
24	24	Commission.
25	25	(b) A reference in law to:
26	26	(1) the Railroad Commission of Texas means the Texas
27	27	Energy Resources Commission; and
28	28	(2) a railroad commissioner or a member of the
29	29	Railroad Commission of Texas means a member of the Texas Energy
30	30	Resources Commission.
31	31	SECTION 4. Section 81.01001, Natural Resources Code, is
32	32	amended to read as follows:
33	33	Sec. 81.01001. SUNSET PROVISION. (a) The Texas Energy
34	34	Resources [Railroad] Commission [of Texas] is subject to Chapter
35	35	325, Government Code (Texas Sunset Act). Unless continued in
36	36	existence as provided by that chapter, the commission is abolished
37	37	September 1, 2017.
38	38	(a-1) The review of the Texas Energy Resources [Railroad]
39	39	Commission [of Texas] by the Sunset Advisory Commission in
40	40	preparation for the work of the 85th Legislature in Regular Session
41	41	is not limited to the appropriateness of recommendations made by
42	42	the Sunset Advisory Commission to the 83rd Legislature. In the
43	43	Sunset Advisory Commission's report to the 85th Legislature, the
44	44	Sunset Advisory Commission may include any recommendations it
45	45	considers appropriate. The review must include an examination of
46	46	alternative organizational structures for the Texas Energy
47	47	Resources [Railroad] Commission [of Texas] and alternative methods
48	48	for performing the commission's responsibilities that would enable
49	49	the efficient and effective accomplishment of the commission's
50	50	functions. The examination must include an assessment of existing
51	51	state agencies that would be able to perform the commission's
52	52	functions. The review must also include an examination of methods
53	53	to increase the public's role in decisions of the Texas Energy
54	54	Resources [Railroad] Commission [of Texas] that relate to the
55	55	effect of the growth of resource extraction. The Sunset Advisory
56	56	Commission may contract for assistance in performing the review,
57	57	including assistance in evaluating, auditing, and forensic
58	58	auditing, as the Sunset Advisory Commission determines
59	59	necessary. This subsection expires September 1, 2017.
60	60	(b) The Texas Energy Resources [Railroad] Commission [of
61	61	Texas] shall pay the costs incurred by the Sunset Advisory
62	62	Commission in performing a review of the commission under this
63	63	section. The Sunset Advisory Commission shall determine the
64	64	costs, and the commission shall pay the amount of those costs
65	65	promptly on receipt of a statement from the Sunset Advisory
66	66	Commission detailing the costs.
67	67	SECTION 5. Subchapter B, Chapter 81, Natural Resources
68	68	Code, is amended by adding Sections 81.010015, 81.010045, and
69	69	81.010046 to read as follows:
70	70	Sec. 81.010015. ELECTION AND TERMS OF COMMISSIONERS;
71	71	VACANCIES. (a) The commission is composed of three commissioners
72	72	elected at the general election for state and county officers.
73	73	(b) Commissioners serve staggered terms of six years, with
74	74	the term of one commissioner expiring December 31 of each
75	75	even-numbered year.
76	76	(c) The governor shall appoint a person to fill a vacancy on
77	77	the commission until the next general election.
78	78	Sec. 81.010045. CERTAIN POLITICAL CONTRIBUTIONS
79	79	RESTRICTED. (a) In this section, "political committee" and
80	80	"political contribution" have the meanings assigned by Section
81	81	251.001, Election Code.
82	82	(b) A commissioner may not knowingly accept a political
83	83	contribution given or offered with the intention that it be used in
84	84	connection with a campaign for or the holding of any elective
85	85	office, including the office of commissioner, except during the
86	86	period:
87	87	(1) beginning 17 months before the date of the next
88	88	general election at which the commissioner's office is filled; and
89	89	(2) ending on the 30th day after the date of that
90	90	election.
91	91	(c) A person other than a commissioner may not knowingly
92	92	accept a political contribution given or offered with the intention
93	93	that it be used in connection with a campaign for the office of
94	94	commissioner, except:
95	95	(1) during the period:
96	96	(A) beginning 17 months before the date of the
97	97	next general election at which any commissioner's office is filled;
98	98	and
99	99	(B) ending on the 30th day after the date of that
100	100	election; or
101	101	(2) during the period beginning on the date a vacancy
102	102	in the office of commissioner occurs and ending on the date that
103	103	vacancy is filled.
104	104	(d) A commissioner may not knowingly accept a political
105	105	contribution, and shall refuse a political contribution that is
106	106	received, from a party in a contested case before the commission or
107	107	a political committee affiliated with such a party during the
108	108	period:
109	109	(1) beginning on the date notice of the hearing in the
110	110	contested case is given; and
111	111	(2) ending on:
112	112	(A) the 30th day after the date the decision in
113	113	the contested case is rendered; or
114	114	(B) if a request for rehearing is filed:
115	115	(i) the date the request is denied; or
116	116	(ii) the 30th day after the date the
117	117	decision after rehearing is rendered.
118	118	(e) A commissioner shall return a political contribution
119	119	that is received and refused under Subsection (d) not later than the
120	120	30th day after the date the commissioner received the contribution.
121	121	(f) The commission shall adopt all rules necessary to
122	122	implement Subsections (d) and (e), including rules that:
123	123	(1) direct the commission to maintain a list of the
124	124	contested cases before the commission and the parties to each case
125	125	in order to aid the commissioners in complying with those
126	126	subsections; and
127	127	(2) ensure that each notice of a hearing in a contested
128	128	case that is issued by the commission or a commissioner contains
129	129	information about the political contributions prohibited under
130	130	Subsection (d).
131	131	Sec. 81.010046. AUTOMATIC RESIGNATION. If a person who is a
132	132	member of the commission announces the person's candidacy, or in
133	133	fact becomes a candidate, in a general, special, or primary
134	134	election for an elective office other than the office of
135	135	commissioner, that announcement or that candidacy constitutes an
136	136	automatic resignation of the office of commissioner.
137	137	SECTION 6. Section 81.01005, Natural Resources Code, is
138	138	amended to read as follows:
139	139	Sec. 81.01005. NAME AND SEAL. (a) The commissioners are
140	140	known collectively as the "Texas Energy Resources [Railroad]
141	141	Commission [of Texas]."
142	142	(b) The seal of the commission contains a star of five
143	143	points with the words "Texas Energy Resources [Railroad] Commission
144	144	[of Texas]" engraved on it.
145	145	SECTION 7. The heading to Section 81.0521, Natural
146	146	Resources Code, is amended to read as follows:
147	147	Sec. 81.0521. FEE FOR APPLICATION FOR EXCEPTION TO
148	148	[RAILROAD] COMMISSION RULE.
149	149	SECTION 8. Section 52.092(c), Election Code, is amended to
150	150	read as follows:
151	151	(c) Statewide offices of the state government shall be
152	152	listed in the following order:
153	153	(1) governor;
154	154	(2) lieutenant governor;
155	155	(3) attorney general;
156	156	(4) comptroller of public accounts;
157	157	(5) commissioner of the General Land Office;
158	158	(6) commissioner of agriculture;
159	159	(7) energy resources [railroad] commissioner;
160	160	(8) chief justice, supreme court;
161	161	(9) justice, supreme court;
162	162	(10) presiding judge, court of criminal appeals;
163	163	(11) judge, court of criminal appeals.
164	164	SECTION 9. On the effective date of this Act, the name of
165	165	the Railroad Commission of Texas is changed to the Texas Energy
166	166	Resources Commission. The change of the agency's name does not
167	167	affect:
168	168	(1) the agency's powers, duties, rights, or
169	169	obligations;
170	170	(2) the agency's personnel, equipment, data,
171	171	documents, facilities, contracts, items, other property,
172	172	appropriations, rules, or decisions;
173	173	(3) a proceeding of or involving the agency under the
174	174	name of the Railroad Commission of Texas; or
175	175	(4) the terms of the chairman or other members of the
176	176	governing body of the agency.
177	177	SECTION 10. This Act takes effect September 1, 2015.