84R1101 SMH/ATP-D
By: Anchia H.B. No. 1823
A BILL TO BE ENTITLED
AN ACT
relating to the name and governance of the Railroad Commission of
Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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]
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].
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.
SECTION 4. Section 81.01001, Natural Resources Code, is
amended to read as follows:
Sec. 81.01001. SUNSET PROVISION. (a) 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, 2017.
(a-1) The review of the Texas Energy Resources [Railroad]
Commission [of Texas] by the Sunset Advisory Commission in
preparation for the work of the 85th Legislature in Regular Session
is not limited to the appropriateness of recommendations made by
the Sunset Advisory Commission to the 83rd Legislature. In the
Sunset Advisory Commission's report to the 85th Legislature, the
Sunset Advisory Commission may include any recommendations it
considers appropriate. The review must include an examination of
alternative organizational structures for the Texas Energy
Resources [Railroad] Commission [of Texas] and alternative methods
for performing the commission's responsibilities that would enable
the efficient and effective accomplishment of the commission's
functions. The examination must include an assessment of existing
state agencies that would be able to perform the commission's
functions. The review must also include an examination of methods
to increase the public's role in decisions of the Texas Energy
Resources [Railroad] Commission [of Texas] that relate to the
effect of the growth of resource extraction. The Sunset Advisory
Commission may contract for assistance in performing the review,
including assistance in evaluating, auditing, and forensic
auditing, as the Sunset Advisory Commission determines
necessary. This subsection expires September 1, 2017.
(b) The Texas Energy Resources [Railroad] Commission [of
Texas] shall pay the costs incurred by the Sunset Advisory
Commission in performing a review of the commission under this
section. The Sunset Advisory Commission shall determine the
costs, and the commission shall pay the amount of those costs
promptly on receipt of a statement from the Sunset Advisory
Commission detailing the costs.
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 a general, special, or primary
election for an elective office other than the office of
commissioner, that announcement or that candidacy constitutes an
automatic resignation of the office of commissioner.
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.
SECTION 7. The heading to Section 81.0521, Natural
Resources Code, is amended to read as follows:
Sec. 81.0521. FEE FOR APPLICATION FOR EXCEPTION TO
[RAILROAD] COMMISSION RULE.
SECTION 8. 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.
SECTION 9. 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.
SECTION 10. This Act takes effect September 1, 2015.