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Statutes > Texas > Vernon-s-civil-statutes > Title-112-railroads > Chapter-11-railroad-commission-of-texas

VERNON'S CIVIL STATUTES

TITLE 112. RAILROADS

CHAPTER 11. RAILROAD COMMISSION OF TEXAS

Text of article effective until April 01, 2011

Art. 6444. TERMS DEFINED. 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.

Text of article effective until April 01, 2011

Art. 6445. POWER AND AUTHORITY. (a) To the extent not

preempted by federal law, the Texas Department of Transportation:

(1) has power and authority over:

(A) railroads, including suburban, belt and terminal railroads;

(B) public wharves, docks, piers, elevators, warehouses, sheds,

tracks and other property used in connection with railroads; and

(C) persons, associations and corporations, private or

municipal, owning or operating a railroad, or a wharf, dock,

pier, elevator, warehouse, shed, track or other property used in

connection with a railroad; and

(2) shall govern and regulate those railroads, persons,

associations and corporations and prevent abuses in the conduct

of their business.

(b) All powers and duties of the Railroad Commission of Texas

that relate primarily to railroads and the regulation of

railroads are transferred to the Texas Department of

Transportation.

(c) A reference in law to the Railroad Commission of Texas that

relates primarily to railroads and the regulation of railroads

means the Texas Department of Transportation.

Acts 1891, p. 55; Acts 1911, p. 157; G.L. vol. 10, p. 57.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 1.08, eff. October 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1115, Sec. 4, eff. September 1, 2007.

Art. 6445a. 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, 2011.

Added by Acts 1977, 65th Leg., p. 1840, ch. 735, Sec. 2.060, eff.

Aug. 29, 1977. Amended by Acts 1985, 69th Leg., ch. 479, Sec.

180, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 17,

Sec. 5.22, eff. Nov. 12, 1991; Acts 2001, 77th Leg., ch. 1233,

Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., 1st C.S., Ch.

2, Sec. 1.14(a), eff. July 10, 2009.

Text of article effective until April 01, 2011

Art. 6446. POWER TO ENFORCE RULES, ETC. The Railroad Commission

of Texas is hereby vested with full power and authority to do and

perform each act and duty authorized, directed or imposed upon it

by the provisions of this title, and all railroads, persons,

corporations, and associations subject to the control of the

Commission shall be subject to the penalties prescribed by law

for failure to comply with the rules, orders, directions or

requirements of said Commission as severally provided in this

title.

Acts 1891, p.55; Acts 1911, p. 157; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6447. THE COMMISSION. 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.

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. 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.

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.

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

chairman. They may make all rules necessary for their government

and proceedings. 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. They shall be furnished necessary furniture,

stationery, supplies and all necessary expenses, to be paid for

on the order of the Governor.

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.

Sessions.--The Commission may hold its sessions at any place in

this State when deemed necessary.

Acts 1891, p. 55; G.L., vol. 10, p. 57.

Amended by Acts 1983, 68th Leg., p. 1161, ch. 263, Sec. 1, eff.

Sept. 1, 1983; Acts 1983, 68th Leg., p. 2613, ch. 444, Sec. 17,

eff. Sept. 1, 1983; Acts 2001, 77th Leg., ch. 1233, Sec. 1, eff.

Sept. 1, 2001.

Text of article effective until April 01, 2011

Art. 6447a. SALARY OF SECRETARY. 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.

Acts 1927, 40th Leg., p. 209, ch. 140, Sec. 1.

Text of article effective until April 01, 2011

Art. 6447a-1. DEFINITION. In Articles 6447b-6447h, Revised

Statutes, "commission" means the Railroad Commission of Texas.

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983.

Text of article effective until April 01, 2011

Art. 6447b. 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 state Commission on Human Rights for

compliance with Subsection (b) of this article; and

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

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2. Amended

by Acts 2001, 77th Leg., ch. 1233, Sec. 1, eff. Sept. 1, 2001.

Text of article effective until April 01, 2011

Art. 6447c. 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.) 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.

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 479, Sec. 57,

eff. Sept. 1, 1985; Acts 2001, 77th Leg., ch. 1233, Sec. 1, eff.

Sept. 1, 2001.

Text of article effective until April 01, 2011

Art. 6447d. COMMISSION AUDIT. The financial transactions of the

commission are subject to audit by the state auditor in

accordance with Chapter 321, Government Code.

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 32,

eff. Sept. 1, 1989.

Text of article effective until April 01, 2011

Art. 6447e. APPLICATION OF OTHER LAWS. 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).

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983.

Text of article effective until April 01, 2011

Art. 6447f. HEARING REQUIREMENT. (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) 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).

(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.

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983.

Text of article effective until April 01, 2011

Art. 6447g. INFORMATION RELATING TO COMMISSION ACTIVITIES. 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.

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983.

Text of article effective until April 01, 2011

Art. 6447h. 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.

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983. Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 1,

eff. Sept. 1, 2001.

Text of article effective until April 01, 2011

Art. 6447i. GIFTS, GRANTS, AND DONATIONS. (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.

Added by Acts 1995, 74th Leg., ch. 666, Sec. 1, eff. June 15,

1995.

Text of article effective until April 01, 2011

Art. 6447j. RECORDS RESEARCH FEE. 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.

Added by Acts 1983, 68th Leg., p. 358, ch. 81, Sec. 3(a), eff.

Sept. 1, 1983. Renumbered from art. 6447b by Acts 1987, 70th

Leg., ch. 167, Sec. 5.01(a)(61), eff. Sept. 1, 1987.

Text of article effective until April 01, 2011

Art. 6447k. SEPARATION OF POLICY-MAKING AND MANAGEMENT

RESPONSIBILITIES. 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.

Added by Acts 2001, 77th Leg., ch. 1233, Sec. 2, eff. Sept. 1,

2001.

Text of article effective until April 01, 2011

Art. 6447l. 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.

Added by Acts 2001, 77th Leg., ch. 1233, Sec. 2, eff. Sept. 1,

2001.

Text of article effective until April 01, 2011

Art. 6447n. METHOD OF MAKING PAYMENTS TO COMMISSION. (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.

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

article.

Added by Acts 2001, 77th Leg., ch. 1233, Sec. 2, eff. Sept. 1,

2001.

Text of article effective until April 01, 2011

Art. 6448a. IMPLEMENTATION OF FEDERAL RAILROAD SAFETY ACT OF

1970.

Sec. 1. The Railroad Commission of Texas is hereby authorized to

perform any act and issue any rules and orders as permitted by

the Federal Railroad Safety Act of 1970 (45 U.S.C.A. 431 et

seq.).

Sec. 2. (a) The Railroad Commission of Texas by rule shall adopt

reasonable fees to be assessed annually against railroads

operating within the state.

(b) The commission by rule shall establish the method by which

the fees are calculated and assessed.

(c) The total amount of fees estimated to be collected by rules

adopted by the commission under this section may not exceed the

amount estimated by the commission to be necessary to recover the

costs of administering the commission's rail safety program.

(d) In adopting a fee structure, the commission may consider the

gross ton miles for railroad operations within the State of Texas

for each railroad operating in the state to provide for the

equitable allocation among railroads of the cost of administering

the commission's rail safety program.

(e) A fee collected under this section shall be deposited to the

credit of the general revenue fund to be used for the rail safety

program.

Added by Acts 1985, 69th Leg., ch. 38, Sec. 1, eff. April 16,

1985. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 11(a), eff.

Sept. 1, 2003.

Text of article effective until April 01, 2011

Art. 6448b. AUTHORITY TO INSPECT RAILROAD FACILITY.

Sec. 1. The Railroad Commission of Texas may enter private

property on which a railroad facility that is connected to but

not a part of a general railroad system of transportation is

located at a reasonable time and in a reasonable manner to

perform an inspection, investigation, or surveillance of

facilities, equipment, records, and operations relating to the

packaging, loading, or transportation of hazardous materials to

determine whether the railroad facility complies with the

applicable safety requirements of this chapter or rules adopted

under this chapter.

Sec. 2. In performing an inspection under this article, the

commission may not require a railroad facility owner or operator

to alter or cease rail operations.

Sec. 3. Any inspection, investigation, or surveillance performed

on the site of a manufacturing facility shall be performed in

compliance with the safety rules or regulations of the facility,

including security clearance at the front gate if appropriate.

Added by Acts 1989, 71st Leg., ch. 351, Sec. 1, eff. June 14,

1989.

Text of article effective until April 01, 2011

Art. 6464. MAY INSPECT BOOKS, ETC. The Commissioners or either

of them, or such persons as they may authorize in writing under

the hand and seal of the Commission, shall have the right at any

time to inspect the books and papers of any railroad company and

to examine under oath any officer, agent or employe of such

railroad in relation to the business and affairs of the same.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6465. PENALTY. If any railroad shall refuse to permit such

examination of its books and papers, such railroad company shall,

for each offense, pay to the State of Texas not less than one

hundred and twenty-five nor more than five hundred dollars for

each day it shall so fail or refuse.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6467. BLANKS FOR INFORMATION. The Commission shall as often

as necessary furnish each railroad company suitable blanks with

questions formed so as to elicit all information concerning such

railroads. Any railroad company receiving such blanks shall cause

them to be properly filled out so as to answer fully and

correctly each question therein propounded, and if they are

unable to answer any question therein propounded, they shall give

satisfactory reason for their failure; and the answers duly sworn

to by the proper officer of the company, shall be returned to the

Commission within thirty days from the receipt thereof.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6468. REFUSAL TO ANSWER. If any officer or employe of a

railroad shall fail or refuse to fill out and return any blanks

as above required, or fail or refuse to answer any questions

therein propounded, or shall give a false answer to any such

questions where the fact inquired of is within his knowledge, or

shall evade the answer to any such questions, a penalty of five

hundred dollars shall be recovered from the company by the State

when it appears that such persons acted in obedience to its

direction, permission or request in his failure, evasion or

refusal. Said Commission shall have the power to prescribe a

system of book-keeping to be observed by each railroad subject

hereto, under the penalties prescribed in this article.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6471. WITNESSES. In any examination or investigation

provided in this chapter, the Commission is authorized and

empowered to compel the attendance of witnesses, and may issue

subpoenas for witnesses by such rules as they may prescribe, and

such process shall be served by the officer to whom it may be

directed. Each witness who shall appear before the Commission by

order of the Commission, at a place outside the county of his

residence, shall receive for his attendance one dollar per day

and three cents per mile traveled by the nearest practical route,

in going to and returning from the place of meeting of the

Commission, which shall be paid by the Comptroller upon the

presentation of proper vouchers, sworn to by the witness, and

approved by the Commission. No witness shall be entitled to fees

or mileage who is directly or indirectly interested in a

railroad, or who is in anywise interested in any stock, bond,

mortgage, security or earnings of such road, or was an officer,

agent or employe of such road when summoned at the instance of

such railroad. No witness furnished with free transportation

shall receive pay for the distance he may travel on such free

transportation. The Commission may issue an attachment as in

civil cases, for a witness who fails or refuses to obey a

subpoena, and compel him to attend before the Commission and give

his testimony upon such matter as shall be lawfully required by

them. If a witness, after being duly summoned, shall fail or

refuse to attend or to answer any question propounded to him, and

which he would be required to answer if in court, the Commission

may fine and imprison such witness for contempt, in the same

manner that a judge of the district court might do under similar

circumstances. The claim that any such testimony might tend to

criminate the person giving it shall not excuse a witness from

testifying, but such evidence or testimony shall not be used

against such person on the trial of any criminal proceeding.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6472. DEPOSITIONS. The Commission may in its discretion

issue proper process and take written or oral depositions instead

of compelling personal attendance of witnesses. The fees of an

officer executing any process issued under the provisions of this

title shall be such as the Commission may allow, not to exceed

fees as prescribed by law for similar services.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6472a. DEPOSITIONS IN MATTERS PENDING BEFORE COMMISSION. 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.

Acts 1930, 41st Leg., 5th C.S., p. 183, ch. 43, Sec. 1, eff.

March 20, 1930. Amended by Acts 1971, 62nd Leg., p. 2541, ch.

835, Sec. 1, eff. June 9, 1971.

Text of article effective until April 01, 2011

Art. 6475. DAMAGES. If any railroad subject to this title shall

do, cause or permit to be done any matter, act or thing

prohibited or declared to be unlawful, or shall omit to do any

act, matter or thing herein required to be done by it, such

railroad shall be liable to the person or persons, firm or

corporation injured thereby for the damages sustained in

consequence of such violation.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Amended by Acts 1951, 52nd Leg., p. 778, ch. 430, Sec. 1.

Text of article effective until April 01, 2011

Art. 6476. PENALTY NOT OTHERWISE PROVIDED. If any railway

company doing business in this State shall violate any provision

of this title, or shall do any act herein prohibited, or shall

fail or refuse to perform any duty enjoined upon it for which a

penalty has not been provided by law or shall fail, neglect or

refuse to obey any lawful requirement, order, judgment or decree

made by the Commission, for every such act of violation it shall

pay to the State of Texas a penalty of not more than five

thousand dollars.

Acts 1891, p. 55; G.L. vol. 10, p. 57; Acts 1901, p. 265.

Text of article effective until April 01, 2011

Art. 6477. SUITS FOR PENALTY. All of the penalties herein

provided, except as provided in Article 6475, recoverable by the

State shall be recovered and suits thereon shall be brought by

the Attorney General or under his direction in the name of the

State of Texas, in Travis County, or in any county into or

through which such railroad may run; and the attorney bringing

such suit shall receive a fee to be paid by the State of fifty

dollars for each penalty recovered and collected by him, and ten

percent of the amount collected. In all suits arising under this

chapter, the rules of evidence shall be the same as in ordinary

civil actions, except as otherwise herein provided. All fines and

penalties recovered by the State under this chapter shall be paid

into the State Treasury; provided suits brought under Title 66

for recovery of penalties, may be brought in any county:

1. Where an act violative of any provision thereof is committed.

2. Where such company or receiver has an agent or representative.

3. Where the principal office of such company is situated, or

such receiver or receivers, or either, reside. One-half of all

moneys collected under the provisions of said title, less the

commission and expenses allowed by law, shall be paid into the

State Treasury; the remainder thereof shall be paid into the

treasury of the county where such suit or suits may be maintained

and constitute a part of the jury fund of such county.

Acts 1891, p. 55, G.L. vol. 10, p. 57.

Art. 6492a. HAZARDOUS MATERIALS; PACKING AND TRANSPORTATION. (a)

Except as provided by Subsection (b) of this section, the

Railroad Commission of Texas may by rule adopt any requirement

that relates to the safe packing or transportation of hazardous

materials and that is consistent with Chapter 27, Title 49,

United States Code, or regulations adopted under that law.

(b) The commission may not adopt a requirement for the

transportation of hazardous materials by vessel or by aircraft.

(c) The commission may adopt any administrative rules necessary

for the implementation of this Act.

Acts 1989, 71st Leg., ch. 214, eff. May 26, 1989.

Text of article effective until April 01, 2011

Art. 6519a. MEMBER OF COMMISSION OR DESIGNATED EMPLOYE AUTHORIZED

TO HOLD HEARINGS, POWERS, ETC. 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.

This Act shall be cumulative of all other laws conferring

jurisdiction and authority upon the Railroad Commission.

Acts 1929, 41st Leg., p. 539, ch. 262, Sec. 1.

Text of article effective until April 01, 2011

Art. 6519c. DISPOSITION OF TAXES AND FEES. (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.

Acts 1981, 67th Leg., p. 146, ch. 65, Sec. 8, eff. Sept. 1, 1981.

Amended by Acts 1995, 74th Leg., ch. 705, Sec. 15, eff. Sept. 1,

1995.

State Codes and Statutes

Statutes > Texas > Vernon-s-civil-statutes > Title-112-railroads > Chapter-11-railroad-commission-of-texas

VERNON'S CIVIL STATUTES

TITLE 112. RAILROADS

CHAPTER 11. RAILROAD COMMISSION OF TEXAS

Text of article effective until April 01, 2011

Art. 6444. TERMS DEFINED. 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.

Text of article effective until April 01, 2011

Art. 6445. POWER AND AUTHORITY. (a) To the extent not

preempted by federal law, the Texas Department of Transportation:

(1) has power and authority over:

(A) railroads, including suburban, belt and terminal railroads;

(B) public wharves, docks, piers, elevators, warehouses, sheds,

tracks and other property used in connection with railroads; and

(C) persons, associations and corporations, private or

municipal, owning or operating a railroad, or a wharf, dock,

pier, elevator, warehouse, shed, track or other property used in

connection with a railroad; and

(2) shall govern and regulate those railroads, persons,

associations and corporations and prevent abuses in the conduct

of their business.

(b) All powers and duties of the Railroad Commission of Texas

that relate primarily to railroads and the regulation of

railroads are transferred to the Texas Department of

Transportation.

(c) A reference in law to the Railroad Commission of Texas that

relates primarily to railroads and the regulation of railroads

means the Texas Department of Transportation.

Acts 1891, p. 55; Acts 1911, p. 157; G.L. vol. 10, p. 57.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 1.08, eff. October 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1115, Sec. 4, eff. September 1, 2007.

Art. 6445a. 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, 2011.

Added by Acts 1977, 65th Leg., p. 1840, ch. 735, Sec. 2.060, eff.

Aug. 29, 1977. Amended by Acts 1985, 69th Leg., ch. 479, Sec.

180, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 17,

Sec. 5.22, eff. Nov. 12, 1991; Acts 2001, 77th Leg., ch. 1233,

Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., 1st C.S., Ch.

2, Sec. 1.14(a), eff. July 10, 2009.

Text of article effective until April 01, 2011

Art. 6446. POWER TO ENFORCE RULES, ETC. The Railroad Commission

of Texas is hereby vested with full power and authority to do and

perform each act and duty authorized, directed or imposed upon it

by the provisions of this title, and all railroads, persons,

corporations, and associations subject to the control of the

Commission shall be subject to the penalties prescribed by law

for failure to comply with the rules, orders, directions or

requirements of said Commission as severally provided in this

title.

Acts 1891, p.55; Acts 1911, p. 157; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6447. THE COMMISSION. 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.

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. 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.

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.

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

chairman. They may make all rules necessary for their government

and proceedings. 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. They shall be furnished necessary furniture,

stationery, supplies and all necessary expenses, to be paid for

on the order of the Governor.

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.

Sessions.--The Commission may hold its sessions at any place in

this State when deemed necessary.

Acts 1891, p. 55; G.L., vol. 10, p. 57.

Amended by Acts 1983, 68th Leg., p. 1161, ch. 263, Sec. 1, eff.

Sept. 1, 1983; Acts 1983, 68th Leg., p. 2613, ch. 444, Sec. 17,

eff. Sept. 1, 1983; Acts 2001, 77th Leg., ch. 1233, Sec. 1, eff.

Sept. 1, 2001.

Text of article effective until April 01, 2011

Art. 6447a. SALARY OF SECRETARY. 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.

Acts 1927, 40th Leg., p. 209, ch. 140, Sec. 1.

Text of article effective until April 01, 2011

Art. 6447a-1. DEFINITION. In Articles 6447b-6447h, Revised

Statutes, "commission" means the Railroad Commission of Texas.

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983.

Text of article effective until April 01, 2011

Art. 6447b. 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 state Commission on Human Rights for

compliance with Subsection (b) of this article; and

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

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2. Amended

by Acts 2001, 77th Leg., ch. 1233, Sec. 1, eff. Sept. 1, 2001.

Text of article effective until April 01, 2011

Art. 6447c. 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.) 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.

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 479, Sec. 57,

eff. Sept. 1, 1985; Acts 2001, 77th Leg., ch. 1233, Sec. 1, eff.

Sept. 1, 2001.

Text of article effective until April 01, 2011

Art. 6447d. COMMISSION AUDIT. The financial transactions of the

commission are subject to audit by the state auditor in

accordance with Chapter 321, Government Code.

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 32,

eff. Sept. 1, 1989.

Text of article effective until April 01, 2011

Art. 6447e. APPLICATION OF OTHER LAWS. 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).

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983.

Text of article effective until April 01, 2011

Art. 6447f. HEARING REQUIREMENT. (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) 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).

(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.

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983.

Text of article effective until April 01, 2011

Art. 6447g. INFORMATION RELATING TO COMMISSION ACTIVITIES. 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.

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983.

Text of article effective until April 01, 2011

Art. 6447h. 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.

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983. Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 1,

eff. Sept. 1, 2001.

Text of article effective until April 01, 2011

Art. 6447i. GIFTS, GRANTS, AND DONATIONS. (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.

Added by Acts 1995, 74th Leg., ch. 666, Sec. 1, eff. June 15,

1995.

Text of article effective until April 01, 2011

Art. 6447j. RECORDS RESEARCH FEE. 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.

Added by Acts 1983, 68th Leg., p. 358, ch. 81, Sec. 3(a), eff.

Sept. 1, 1983. Renumbered from art. 6447b by Acts 1987, 70th

Leg., ch. 167, Sec. 5.01(a)(61), eff. Sept. 1, 1987.

Text of article effective until April 01, 2011

Art. 6447k. SEPARATION OF POLICY-MAKING AND MANAGEMENT

RESPONSIBILITIES. 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.

Added by Acts 2001, 77th Leg., ch. 1233, Sec. 2, eff. Sept. 1,

2001.

Text of article effective until April 01, 2011

Art. 6447l. 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.

Added by Acts 2001, 77th Leg., ch. 1233, Sec. 2, eff. Sept. 1,

2001.

Text of article effective until April 01, 2011

Art. 6447n. METHOD OF MAKING PAYMENTS TO COMMISSION. (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.

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

article.

Added by Acts 2001, 77th Leg., ch. 1233, Sec. 2, eff. Sept. 1,

2001.

Text of article effective until April 01, 2011

Art. 6448a. IMPLEMENTATION OF FEDERAL RAILROAD SAFETY ACT OF

1970.

Sec. 1. The Railroad Commission of Texas is hereby authorized to

perform any act and issue any rules and orders as permitted by

the Federal Railroad Safety Act of 1970 (45 U.S.C.A. 431 et

seq.).

Sec. 2. (a) The Railroad Commission of Texas by rule shall adopt

reasonable fees to be assessed annually against railroads

operating within the state.

(b) The commission by rule shall establish the method by which

the fees are calculated and assessed.

(c) The total amount of fees estimated to be collected by rules

adopted by the commission under this section may not exceed the

amount estimated by the commission to be necessary to recover the

costs of administering the commission's rail safety program.

(d) In adopting a fee structure, the commission may consider the

gross ton miles for railroad operations within the State of Texas

for each railroad operating in the state to provide for the

equitable allocation among railroads of the cost of administering

the commission's rail safety program.

(e) A fee collected under this section shall be deposited to the

credit of the general revenue fund to be used for the rail safety

program.

Added by Acts 1985, 69th Leg., ch. 38, Sec. 1, eff. April 16,

1985. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 11(a), eff.

Sept. 1, 2003.

Text of article effective until April 01, 2011

Art. 6448b. AUTHORITY TO INSPECT RAILROAD FACILITY.

Sec. 1. The Railroad Commission of Texas may enter private

property on which a railroad facility that is connected to but

not a part of a general railroad system of transportation is

located at a reasonable time and in a reasonable manner to

perform an inspection, investigation, or surveillance of

facilities, equipment, records, and operations relating to the

packaging, loading, or transportation of hazardous materials to

determine whether the railroad facility complies with the

applicable safety requirements of this chapter or rules adopted

under this chapter.

Sec. 2. In performing an inspection under this article, the

commission may not require a railroad facility owner or operator

to alter or cease rail operations.

Sec. 3. Any inspection, investigation, or surveillance performed

on the site of a manufacturing facility shall be performed in

compliance with the safety rules or regulations of the facility,

including security clearance at the front gate if appropriate.

Added by Acts 1989, 71st Leg., ch. 351, Sec. 1, eff. June 14,

1989.

Text of article effective until April 01, 2011

Art. 6464. MAY INSPECT BOOKS, ETC. The Commissioners or either

of them, or such persons as they may authorize in writing under

the hand and seal of the Commission, shall have the right at any

time to inspect the books and papers of any railroad company and

to examine under oath any officer, agent or employe of such

railroad in relation to the business and affairs of the same.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6465. PENALTY. If any railroad shall refuse to permit such

examination of its books and papers, such railroad company shall,

for each offense, pay to the State of Texas not less than one

hundred and twenty-five nor more than five hundred dollars for

each day it shall so fail or refuse.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6467. BLANKS FOR INFORMATION. The Commission shall as often

as necessary furnish each railroad company suitable blanks with

questions formed so as to elicit all information concerning such

railroads. Any railroad company receiving such blanks shall cause

them to be properly filled out so as to answer fully and

correctly each question therein propounded, and if they are

unable to answer any question therein propounded, they shall give

satisfactory reason for their failure; and the answers duly sworn

to by the proper officer of the company, shall be returned to the

Commission within thirty days from the receipt thereof.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6468. REFUSAL TO ANSWER. If any officer or employe of a

railroad shall fail or refuse to fill out and return any blanks

as above required, or fail or refuse to answer any questions

therein propounded, or shall give a false answer to any such

questions where the fact inquired of is within his knowledge, or

shall evade the answer to any such questions, a penalty of five

hundred dollars shall be recovered from the company by the State

when it appears that such persons acted in obedience to its

direction, permission or request in his failure, evasion or

refusal. Said Commission shall have the power to prescribe a

system of book-keeping to be observed by each railroad subject

hereto, under the penalties prescribed in this article.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6471. WITNESSES. In any examination or investigation

provided in this chapter, the Commission is authorized and

empowered to compel the attendance of witnesses, and may issue

subpoenas for witnesses by such rules as they may prescribe, and

such process shall be served by the officer to whom it may be

directed. Each witness who shall appear before the Commission by

order of the Commission, at a place outside the county of his

residence, shall receive for his attendance one dollar per day

and three cents per mile traveled by the nearest practical route,

in going to and returning from the place of meeting of the

Commission, which shall be paid by the Comptroller upon the

presentation of proper vouchers, sworn to by the witness, and

approved by the Commission. No witness shall be entitled to fees

or mileage who is directly or indirectly interested in a

railroad, or who is in anywise interested in any stock, bond,

mortgage, security or earnings of such road, or was an officer,

agent or employe of such road when summoned at the instance of

such railroad. No witness furnished with free transportation

shall receive pay for the distance he may travel on such free

transportation. The Commission may issue an attachment as in

civil cases, for a witness who fails or refuses to obey a

subpoena, and compel him to attend before the Commission and give

his testimony upon such matter as shall be lawfully required by

them. If a witness, after being duly summoned, shall fail or

refuse to attend or to answer any question propounded to him, and

which he would be required to answer if in court, the Commission

may fine and imprison such witness for contempt, in the same

manner that a judge of the district court might do under similar

circumstances. The claim that any such testimony might tend to

criminate the person giving it shall not excuse a witness from

testifying, but such evidence or testimony shall not be used

against such person on the trial of any criminal proceeding.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6472. DEPOSITIONS. The Commission may in its discretion

issue proper process and take written or oral depositions instead

of compelling personal attendance of witnesses. The fees of an

officer executing any process issued under the provisions of this

title shall be such as the Commission may allow, not to exceed

fees as prescribed by law for similar services.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6472a. DEPOSITIONS IN MATTERS PENDING BEFORE COMMISSION. 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.

Acts 1930, 41st Leg., 5th C.S., p. 183, ch. 43, Sec. 1, eff.

March 20, 1930. Amended by Acts 1971, 62nd Leg., p. 2541, ch.

835, Sec. 1, eff. June 9, 1971.

Text of article effective until April 01, 2011

Art. 6475. DAMAGES. If any railroad subject to this title shall

do, cause or permit to be done any matter, act or thing

prohibited or declared to be unlawful, or shall omit to do any

act, matter or thing herein required to be done by it, such

railroad shall be liable to the person or persons, firm or

corporation injured thereby for the damages sustained in

consequence of such violation.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Amended by Acts 1951, 52nd Leg., p. 778, ch. 430, Sec. 1.

Text of article effective until April 01, 2011

Art. 6476. PENALTY NOT OTHERWISE PROVIDED. If any railway

company doing business in this State shall violate any provision

of this title, or shall do any act herein prohibited, or shall

fail or refuse to perform any duty enjoined upon it for which a

penalty has not been provided by law or shall fail, neglect or

refuse to obey any lawful requirement, order, judgment or decree

made by the Commission, for every such act of violation it shall

pay to the State of Texas a penalty of not more than five

thousand dollars.

Acts 1891, p. 55; G.L. vol. 10, p. 57; Acts 1901, p. 265.

Text of article effective until April 01, 2011

Art. 6477. SUITS FOR PENALTY. All of the penalties herein

provided, except as provided in Article 6475, recoverable by the

State shall be recovered and suits thereon shall be brought by

the Attorney General or under his direction in the name of the

State of Texas, in Travis County, or in any county into or

through which such railroad may run; and the attorney bringing

such suit shall receive a fee to be paid by the State of fifty

dollars for each penalty recovered and collected by him, and ten

percent of the amount collected. In all suits arising under this

chapter, the rules of evidence shall be the same as in ordinary

civil actions, except as otherwise herein provided. All fines and

penalties recovered by the State under this chapter shall be paid

into the State Treasury; provided suits brought under Title 66

for recovery of penalties, may be brought in any county:

1. Where an act violative of any provision thereof is committed.

2. Where such company or receiver has an agent or representative.

3. Where the principal office of such company is situated, or

such receiver or receivers, or either, reside. One-half of all

moneys collected under the provisions of said title, less the

commission and expenses allowed by law, shall be paid into the

State Treasury; the remainder thereof shall be paid into the

treasury of the county where such suit or suits may be maintained

and constitute a part of the jury fund of such county.

Acts 1891, p. 55, G.L. vol. 10, p. 57.

Art. 6492a. HAZARDOUS MATERIALS; PACKING AND TRANSPORTATION. (a)

Except as provided by Subsection (b) of this section, the

Railroad Commission of Texas may by rule adopt any requirement

that relates to the safe packing or transportation of hazardous

materials and that is consistent with Chapter 27, Title 49,

United States Code, or regulations adopted under that law.

(b) The commission may not adopt a requirement for the

transportation of hazardous materials by vessel or by aircraft.

(c) The commission may adopt any administrative rules necessary

for the implementation of this Act.

Acts 1989, 71st Leg., ch. 214, eff. May 26, 1989.

Text of article effective until April 01, 2011

Art. 6519a. MEMBER OF COMMISSION OR DESIGNATED EMPLOYE AUTHORIZED

TO HOLD HEARINGS, POWERS, ETC. 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.

This Act shall be cumulative of all other laws conferring

jurisdiction and authority upon the Railroad Commission.

Acts 1929, 41st Leg., p. 539, ch. 262, Sec. 1.

Text of article effective until April 01, 2011

Art. 6519c. DISPOSITION OF TAXES AND FEES. (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.

Acts 1981, 67th Leg., p. 146, ch. 65, Sec. 8, eff. Sept. 1, 1981.

Amended by Acts 1995, 74th Leg., ch. 705, Sec. 15, eff. Sept. 1,

1995.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Vernon-s-civil-statutes > Title-112-railroads > Chapter-11-railroad-commission-of-texas

VERNON'S CIVIL STATUTES

TITLE 112. RAILROADS

CHAPTER 11. RAILROAD COMMISSION OF TEXAS

Text of article effective until April 01, 2011

Art. 6444. TERMS DEFINED. 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.

Text of article effective until April 01, 2011

Art. 6445. POWER AND AUTHORITY. (a) To the extent not

preempted by federal law, the Texas Department of Transportation:

(1) has power and authority over:

(A) railroads, including suburban, belt and terminal railroads;

(B) public wharves, docks, piers, elevators, warehouses, sheds,

tracks and other property used in connection with railroads; and

(C) persons, associations and corporations, private or

municipal, owning or operating a railroad, or a wharf, dock,

pier, elevator, warehouse, shed, track or other property used in

connection with a railroad; and

(2) shall govern and regulate those railroads, persons,

associations and corporations and prevent abuses in the conduct

of their business.

(b) All powers and duties of the Railroad Commission of Texas

that relate primarily to railroads and the regulation of

railroads are transferred to the Texas Department of

Transportation.

(c) A reference in law to the Railroad Commission of Texas that

relates primarily to railroads and the regulation of railroads

means the Texas Department of Transportation.

Acts 1891, p. 55; Acts 1911, p. 157; G.L. vol. 10, p. 57.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 1.08, eff. October 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1115, Sec. 4, eff. September 1, 2007.

Art. 6445a. 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, 2011.

Added by Acts 1977, 65th Leg., p. 1840, ch. 735, Sec. 2.060, eff.

Aug. 29, 1977. Amended by Acts 1985, 69th Leg., ch. 479, Sec.

180, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 17,

Sec. 5.22, eff. Nov. 12, 1991; Acts 2001, 77th Leg., ch. 1233,

Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., 1st C.S., Ch.

2, Sec. 1.14(a), eff. July 10, 2009.

Text of article effective until April 01, 2011

Art. 6446. POWER TO ENFORCE RULES, ETC. The Railroad Commission

of Texas is hereby vested with full power and authority to do and

perform each act and duty authorized, directed or imposed upon it

by the provisions of this title, and all railroads, persons,

corporations, and associations subject to the control of the

Commission shall be subject to the penalties prescribed by law

for failure to comply with the rules, orders, directions or

requirements of said Commission as severally provided in this

title.

Acts 1891, p.55; Acts 1911, p. 157; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6447. THE COMMISSION. 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.

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. 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.

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.

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

chairman. They may make all rules necessary for their government

and proceedings. 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. They shall be furnished necessary furniture,

stationery, supplies and all necessary expenses, to be paid for

on the order of the Governor.

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.

Sessions.--The Commission may hold its sessions at any place in

this State when deemed necessary.

Acts 1891, p. 55; G.L., vol. 10, p. 57.

Amended by Acts 1983, 68th Leg., p. 1161, ch. 263, Sec. 1, eff.

Sept. 1, 1983; Acts 1983, 68th Leg., p. 2613, ch. 444, Sec. 17,

eff. Sept. 1, 1983; Acts 2001, 77th Leg., ch. 1233, Sec. 1, eff.

Sept. 1, 2001.

Text of article effective until April 01, 2011

Art. 6447a. SALARY OF SECRETARY. 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.

Acts 1927, 40th Leg., p. 209, ch. 140, Sec. 1.

Text of article effective until April 01, 2011

Art. 6447a-1. DEFINITION. In Articles 6447b-6447h, Revised

Statutes, "commission" means the Railroad Commission of Texas.

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983.

Text of article effective until April 01, 2011

Art. 6447b. 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 state Commission on Human Rights for

compliance with Subsection (b) of this article; and

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

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2. Amended

by Acts 2001, 77th Leg., ch. 1233, Sec. 1, eff. Sept. 1, 2001.

Text of article effective until April 01, 2011

Art. 6447c. 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.) 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.

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 479, Sec. 57,

eff. Sept. 1, 1985; Acts 2001, 77th Leg., ch. 1233, Sec. 1, eff.

Sept. 1, 2001.

Text of article effective until April 01, 2011

Art. 6447d. COMMISSION AUDIT. The financial transactions of the

commission are subject to audit by the state auditor in

accordance with Chapter 321, Government Code.

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 32,

eff. Sept. 1, 1989.

Text of article effective until April 01, 2011

Art. 6447e. APPLICATION OF OTHER LAWS. 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).

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983.

Text of article effective until April 01, 2011

Art. 6447f. HEARING REQUIREMENT. (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) 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).

(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.

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983.

Text of article effective until April 01, 2011

Art. 6447g. INFORMATION RELATING TO COMMISSION ACTIVITIES. 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.

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983.

Text of article effective until April 01, 2011

Art. 6447h. 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.

Added by Acts 1983, 68th Leg., p. 1163, ch. 263, Sec. 2, eff.

Sept. 1, 1983. Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 1,

eff. Sept. 1, 2001.

Text of article effective until April 01, 2011

Art. 6447i. GIFTS, GRANTS, AND DONATIONS. (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.

Added by Acts 1995, 74th Leg., ch. 666, Sec. 1, eff. June 15,

1995.

Text of article effective until April 01, 2011

Art. 6447j. RECORDS RESEARCH FEE. 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.

Added by Acts 1983, 68th Leg., p. 358, ch. 81, Sec. 3(a), eff.

Sept. 1, 1983. Renumbered from art. 6447b by Acts 1987, 70th

Leg., ch. 167, Sec. 5.01(a)(61), eff. Sept. 1, 1987.

Text of article effective until April 01, 2011

Art. 6447k. SEPARATION OF POLICY-MAKING AND MANAGEMENT

RESPONSIBILITIES. 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.

Added by Acts 2001, 77th Leg., ch. 1233, Sec. 2, eff. Sept. 1,

2001.

Text of article effective until April 01, 2011

Art. 6447l. 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.

Added by Acts 2001, 77th Leg., ch. 1233, Sec. 2, eff. Sept. 1,

2001.

Text of article effective until April 01, 2011

Art. 6447n. METHOD OF MAKING PAYMENTS TO COMMISSION. (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.

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

article.

Added by Acts 2001, 77th Leg., ch. 1233, Sec. 2, eff. Sept. 1,

2001.

Text of article effective until April 01, 2011

Art. 6448a. IMPLEMENTATION OF FEDERAL RAILROAD SAFETY ACT OF

1970.

Sec. 1. The Railroad Commission of Texas is hereby authorized to

perform any act and issue any rules and orders as permitted by

the Federal Railroad Safety Act of 1970 (45 U.S.C.A. 431 et

seq.).

Sec. 2. (a) The Railroad Commission of Texas by rule shall adopt

reasonable fees to be assessed annually against railroads

operating within the state.

(b) The commission by rule shall establish the method by which

the fees are calculated and assessed.

(c) The total amount of fees estimated to be collected by rules

adopted by the commission under this section may not exceed the

amount estimated by the commission to be necessary to recover the

costs of administering the commission's rail safety program.

(d) In adopting a fee structure, the commission may consider the

gross ton miles for railroad operations within the State of Texas

for each railroad operating in the state to provide for the

equitable allocation among railroads of the cost of administering

the commission's rail safety program.

(e) A fee collected under this section shall be deposited to the

credit of the general revenue fund to be used for the rail safety

program.

Added by Acts 1985, 69th Leg., ch. 38, Sec. 1, eff. April 16,

1985. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 11(a), eff.

Sept. 1, 2003.

Text of article effective until April 01, 2011

Art. 6448b. AUTHORITY TO INSPECT RAILROAD FACILITY.

Sec. 1. The Railroad Commission of Texas may enter private

property on which a railroad facility that is connected to but

not a part of a general railroad system of transportation is

located at a reasonable time and in a reasonable manner to

perform an inspection, investigation, or surveillance of

facilities, equipment, records, and operations relating to the

packaging, loading, or transportation of hazardous materials to

determine whether the railroad facility complies with the

applicable safety requirements of this chapter or rules adopted

under this chapter.

Sec. 2. In performing an inspection under this article, the

commission may not require a railroad facility owner or operator

to alter or cease rail operations.

Sec. 3. Any inspection, investigation, or surveillance performed

on the site of a manufacturing facility shall be performed in

compliance with the safety rules or regulations of the facility,

including security clearance at the front gate if appropriate.

Added by Acts 1989, 71st Leg., ch. 351, Sec. 1, eff. June 14,

1989.

Text of article effective until April 01, 2011

Art. 6464. MAY INSPECT BOOKS, ETC. The Commissioners or either

of them, or such persons as they may authorize in writing under

the hand and seal of the Commission, shall have the right at any

time to inspect the books and papers of any railroad company and

to examine under oath any officer, agent or employe of such

railroad in relation to the business and affairs of the same.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6465. PENALTY. If any railroad shall refuse to permit such

examination of its books and papers, such railroad company shall,

for each offense, pay to the State of Texas not less than one

hundred and twenty-five nor more than five hundred dollars for

each day it shall so fail or refuse.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6467. BLANKS FOR INFORMATION. The Commission shall as often

as necessary furnish each railroad company suitable blanks with

questions formed so as to elicit all information concerning such

railroads. Any railroad company receiving such blanks shall cause

them to be properly filled out so as to answer fully and

correctly each question therein propounded, and if they are

unable to answer any question therein propounded, they shall give

satisfactory reason for their failure; and the answers duly sworn

to by the proper officer of the company, shall be returned to the

Commission within thirty days from the receipt thereof.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6468. REFUSAL TO ANSWER. If any officer or employe of a

railroad shall fail or refuse to fill out and return any blanks

as above required, or fail or refuse to answer any questions

therein propounded, or shall give a false answer to any such

questions where the fact inquired of is within his knowledge, or

shall evade the answer to any such questions, a penalty of five

hundred dollars shall be recovered from the company by the State

when it appears that such persons acted in obedience to its

direction, permission or request in his failure, evasion or

refusal. Said Commission shall have the power to prescribe a

system of book-keeping to be observed by each railroad subject

hereto, under the penalties prescribed in this article.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6471. WITNESSES. In any examination or investigation

provided in this chapter, the Commission is authorized and

empowered to compel the attendance of witnesses, and may issue

subpoenas for witnesses by such rules as they may prescribe, and

such process shall be served by the officer to whom it may be

directed. Each witness who shall appear before the Commission by

order of the Commission, at a place outside the county of his

residence, shall receive for his attendance one dollar per day

and three cents per mile traveled by the nearest practical route,

in going to and returning from the place of meeting of the

Commission, which shall be paid by the Comptroller upon the

presentation of proper vouchers, sworn to by the witness, and

approved by the Commission. No witness shall be entitled to fees

or mileage who is directly or indirectly interested in a

railroad, or who is in anywise interested in any stock, bond,

mortgage, security or earnings of such road, or was an officer,

agent or employe of such road when summoned at the instance of

such railroad. No witness furnished with free transportation

shall receive pay for the distance he may travel on such free

transportation. The Commission may issue an attachment as in

civil cases, for a witness who fails or refuses to obey a

subpoena, and compel him to attend before the Commission and give

his testimony upon such matter as shall be lawfully required by

them. If a witness, after being duly summoned, shall fail or

refuse to attend or to answer any question propounded to him, and

which he would be required to answer if in court, the Commission

may fine and imprison such witness for contempt, in the same

manner that a judge of the district court might do under similar

circumstances. The claim that any such testimony might tend to

criminate the person giving it shall not excuse a witness from

testifying, but such evidence or testimony shall not be used

against such person on the trial of any criminal proceeding.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6472. DEPOSITIONS. The Commission may in its discretion

issue proper process and take written or oral depositions instead

of compelling personal attendance of witnesses. The fees of an

officer executing any process issued under the provisions of this

title shall be such as the Commission may allow, not to exceed

fees as prescribed by law for similar services.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Text of article effective until April 01, 2011

Art. 6472a. DEPOSITIONS IN MATTERS PENDING BEFORE COMMISSION. 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.

Acts 1930, 41st Leg., 5th C.S., p. 183, ch. 43, Sec. 1, eff.

March 20, 1930. Amended by Acts 1971, 62nd Leg., p. 2541, ch.

835, Sec. 1, eff. June 9, 1971.

Text of article effective until April 01, 2011

Art. 6475. DAMAGES. If any railroad subject to this title shall

do, cause or permit to be done any matter, act or thing

prohibited or declared to be unlawful, or shall omit to do any

act, matter or thing herein required to be done by it, such

railroad shall be liable to the person or persons, firm or

corporation injured thereby for the damages sustained in

consequence of such violation.

Acts 1891, p. 55; G.L. vol. 10, p. 57.

Amended by Acts 1951, 52nd Leg., p. 778, ch. 430, Sec. 1.

Text of article effective until April 01, 2011

Art. 6476. PENALTY NOT OTHERWISE PROVIDED. If any railway

company doing business in this State shall violate any provision

of this title, or shall do any act herein prohibited, or shall

fail or refuse to perform any duty enjoined upon it for which a

penalty has not been provided by law or shall fail, neglect or

refuse to obey any lawful requirement, order, judgment or decree

made by the Commission, for every such act of violation it shall

pay to the State of Texas a penalty of not more than five

thousand dollars.

Acts 1891, p. 55; G.L. vol. 10, p. 57; Acts 1901, p. 265.

Text of article effective until April 01, 2011

Art. 6477. SUITS FOR PENALTY. All of the penalties herein

provided, except as provided in Article 6475, recoverable by the

State shall be recovered and suits thereon shall be brought by

the Attorney General or under his direction in the name of the

State of Texas, in Travis County, or in any county into or

through which such railroad may run; and the attorney bringing

such suit shall receive a fee to be paid by the State of fifty

dollars for each penalty recovered and collected by him, and ten

percent of the amount collected. In all suits arising under this

chapter, the rules of evidence shall be the same as in ordinary

civil actions, except as otherwise herein provided. All fines and

penalties recovered by the State under this chapter shall be paid

into the State Treasury; provided suits brought under Title 66

for recovery of penalties, may be brought in any county:

1. Where an act violative of any provision thereof is committed.

2. Where such company or receiver has an agent or representative.

3. Where the principal office of such company is situated, or

such receiver or receivers, or either, reside. One-half of all

moneys collected under the provisions of said title, less the

commission and expenses allowed by law, shall be paid into the

State Treasury; the remainder thereof shall be paid into the

treasury of the county where such suit or suits may be maintained

and constitute a part of the jury fund of such county.

Acts 1891, p. 55, G.L. vol. 10, p. 57.

Art. 6492a. HAZARDOUS MATERIALS; PACKING AND TRANSPORTATION. (a)

Except as provided by Subsection (b) of this section, the

Railroad Commission of Texas may by rule adopt any requirement

that relates to the safe packing or transportation of hazardous

materials and that is consistent with Chapter 27, Title 49,

United States Code, or regulations adopted under that law.

(b) The commission may not adopt a requirement for the

transportation of hazardous materials by vessel or by aircraft.

(c) The commission may adopt any administrative rules necessary

for the implementation of this Act.

Acts 1989, 71st Leg., ch. 214, eff. May 26, 1989.

Text of article effective until April 01, 2011

Art. 6519a. MEMBER OF COMMISSION OR DESIGNATED EMPLOYE AUTHORIZED

TO HOLD HEARINGS, POWERS, ETC. 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.

This Act shall be cumulative of all other laws conferring

jurisdiction and authority upon the Railroad Commission.

Acts 1929, 41st Leg., p. 539, ch. 262, Sec. 1.

Text of article effective until April 01, 2011

Art. 6519c. DISPOSITION OF TAXES AND FEES. (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.

Acts 1981, 67th Leg., p. 146, ch. 65, Sec. 8, eff. Sept. 1, 1981.

Amended by Acts 1995, 74th Leg., ch. 705, Sec. 15, eff. Sept. 1,

1995.