VERNON'S TEXAS CIVIL STATUTES
CHAPTER 11. RAILROAD COMMISSION OF TEXAS
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.
Art. 6445. Power and authority
Power and authority are hereby conferred upon the Railroad
Commission of Texas over all railroads, and suburban, belt and
terminal railroads, and over all public wharves, docks, piers,
elevators, warehouses, sheds, tracks and other property used in
connection therewith in this State, and over all persons,
associations and corporations, private or municipal, owning or
operating such railroad, wharf, dock, pier, elevator, warehouse,
shed, track or other property to fix, and it is hereby made the duty
of the said Commission to adopt all necessary rates, charges and
regulations, to govern and regulate such railroads, persons,
associations and corporations, and to correct abuses and prevent
unjust discrimination in the rates, charges and tolls of such
railroads, persons, associations and corporations, and to fix
division of rates, charges and regulations between railroads and
other utilities and common carriers where a division is proper and
correct, and to prevent any and all other abuses in the conduct of
their business and to do and perform such other duties and details
in connection therewith as may be provided by law.
Acts 1891, p. 55; Acts 1911, p. 157; G.L. vol. 10, p. 57.
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, 2013.
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.
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.
Art. 6447. [6653] [4561] 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Art. 6447m. Employee Incentive Program
The commission shall provide to commission employees information
and training on the benefits and methods of participation in the
state employee incentive program.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 2, eff. Sept. 1, 2001.
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.
Art. 6448. [6654] [4562] Duties
The Commission shall:
1. Adopt all necessary rates, charges and regulations, to govern
and regulate freight and passenger traffic, to correct abuses and
prevent unjust discrimination and extortion in rates of freight and
passenger traffic on the different railroads in this State.
2. Fairly and justly classify and subdivide all freight and
property of whatsoever character that may be transported over the
railroads of this State into such general and special classes or
subdivisions as may be found necessary and expedient.
3. Fix to each class or subdivision of freight a reasonable rate for
each railroad subject to this title for the transportation of each
of said classes and subdivisions. Such classifications shall apply
to and be the same for all railroads subject to the provisions of
this chapter. It may fix different rates for different railroads
and for different lines under the same management, or for different
parts of the same lines if found necessary to do justice, and may
make rates for express companies different from the rates fixed by
railroads.
4. Fix and establish for all or any connecting lines of railroads of
this State reasonable joint rates of freight charges for the
various classes of freight and cars that may pass over two or more
such lines of such railroads.
5. When two or more connecting railroads shall fail to agree upon a
fair and just division of the charges arising from the
transportation of freights, passengers or cars over their lines,
fix the pro rata part of the charges to be received by each
connecting line.
6. From time to time, alter, change, amend or abolish any
classification or rate established by it when deemed necessary.
Such amended, altered or new classification or rates shall be put
into effect in the same manner as the originals.
7. Adopt and enforce such rules, regulations and modes of procedure
as it may deem proper to hear and determine complaints against the
classifications or the rates, the rules, regulations and the
determinations of the Commission.
8. Make reasonable and just rates of charges for each railroad
subject hereto for the use or transportation of loaded or empty cars
on its road and may establish for each railroad or for all railroads
alike, reasonable rates for the storing and handling of freight and
for the use of cars not unloaded after forty-eight hours' notice to
the consignee, not to include Sundays and legal holidays.
9. Make and establish reasonable rates for the transportation of
passengers over each railroad subject hereto, which rates shall not
exceed the rates fixed by law. The Commission shall have power to
prescribe reasonable rates, tolls or charges for all other services
performed by any railroad subject hereto.
10. Require each railway subject to this title to provide and
maintain adequate, comfortable and clean depots and depot buildings
at its several stations for the accommodation of passengers; and to
keep them well-lighted and warmed for the comfort and accommodation
of the traveling public; and keep and maintain adequate and
suitable freight depots and buildings for the receiving, handling,
storing and delivering of all freight handled by such roads and such
railway, and to obey the requirements of the Commission in respect
thereto.
11. See that all laws of this State concerning railroads are
enforced and that violations thereof are promptly prosecuted and
penalties due the State therefor are recovered and collected; and
report all such violations with the facts in its possession to the
Attorney General or other officer charged with the enforcement of
the law. It shall investigate all complaints against all railroad
companies. Suits between the State and a railroad shall have
precedence in the courts.
Acts 1891, p. 55; G.L., vol. 10, p. 57.
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.
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.
Art. 6449. [6655] [4563] Notice
Before any rates shall be established, the Commission shall give
each railroad company to be affected thereby ten days' notice of the
time and place when and where the rates shall be fixed; and said
railroad company shall be entitled to be heard at such time and
place; and it shall have process to enforce the attendance of its
witnesses, which shall be served as in civil cases.
Art. 6450. [6655] [4563] Rules for hearing, etc.
The Commission may adopt rules to govern its proceedings and to
regulate the mode and manner of all investigations and hearings of
railroad companies and other parties before it, in the
establishment of rates, orders, charges, and other acts required of
it under this law; and no person shall be denied admission at such
investigation.
Art. 6451. May administer oaths, etc.
Each Commissioner, for the purposes mentioned in this chapter,
shall have power to administer oaths, certify to all official acts,
and to compel the attendance of witnesses, and the production of
papers, waybills, books, accounts, documents and testimony, and to
punish for contempt as fully as is provided by law for the district
court.
Art. 6452. [6656] [4564] Rates conclusive
In all actions between private parties and railway companies
brought under this law, the rates, charges, orders, rules,
regulations and classifications prescribed by the Commission
before the institution of such action shall be held conclusive, and
deemed and accepted to be reasonable, fair, and just, and in such
respects shall not be controverted therein until finally found
otherwise in a direct action brought for the purpose in the manner
prescribed by the two succeeding articles.
Acts 1891, p. 55; G.L., vol. 10, p. 57.
Art. 6453. [6657] Appeal
If any railroad company or other party at interest be dissatisfied
with the decision of any rate, classification, rule, charge, order,
act or regulation adopted by the Commission, such dissatisfied
company or party may file a petition setting forth the particular
cause or causes of objection to such decision, act, rate, rule,
charge, classification, or order, or to either or all of them, in a
court of competent jurisdiction in Travis County, Texas, against
said Commission as defendant. Said action shall have precedence
over all other causes on the docket of a different nature, and shall
be tried and determined as other civil causes in said court. Either
party to said action may appeal to the Appellate Court having
jurisdiction of said cause; and said appeal shall be at once
returnable to said Appellate Court at either of its terms; and said
action so appealed shall have precedence in said Appellate Court of
all causes of a different character therein pending; provided,
that, if the court be in session at the time such right of action
accrues, the suit may be filed during such term and stand ready for
trial after ten days' notice. Provided further that no preliminary
injunction shall be issued without notice to the opposite party and
that no temporary restraining order shall be granted without notice
to the opposite party unless it shall clearly appear from specific
facts shown by affidavit or by the verified petition that immediate
and irreparable injury, loss, or damage will result to the
applicant before notice can be served and a hearing had thereon.
Every such temporary restraining order shall be enforced with the
date and hour of issuance, shall be forthwith filed in the clerk's
office and entered of record, shall define the injury and state why
it is irreparable and why the order was granted without notice, and
shall by its terms expire within such time after entry, not to
exceed ten days, as the court or judge may fix, unless within the
time so fixed the order is extended for a like period for good cause
shown, and the reasons for such extension shall be entered of
record. In case a temporary restraining order shall be granted
without notice in the contingency specified, the matter of the
issuance of a preliminary injunction shall be set down for a hearing
at the earliest possible time and shall take precedence of all
matters except older matters of the same character; and when the
same comes up for hearing the party obtaining the temporary
restraining order shall proceed with the application for a
preliminary injunction, and if he does not do so the court shall
dissolve the temporary restraining order. Upon two days' notice to
the party obtaining such temporary restraining order the opposite
party may appear and move the dissolution or modification of the
order, and in that event the court or judge shall proceed to hear
and determine the motion as expeditiously as the ends of justice may
require.
Acts 1925, 39th Leg., p. 668, ch. 201, Sec. 1.
Art. 6454. [6658] [4566] Burden of proof
The burden of proof shall rest upon the plaintiff to show the rates,
regulations, orders, classifications, acts or charges complained
of are unreasonable and unjust to it or them.
Acts 1925, 39th Leg., p. 668, ch. 201, Sec. 1.
Art. 6455. [6659] [4547] Schedule of rates
The Commission shall, when the classifications and schedule of
rates herein provided are prepared and adopted, furnish each
railroad affected thereby which is subject to the provisions of
this title with a complete schedule in suitable form, showing the
classification of freight made by it and the rates fixed to be
charged by such road for the transportation of each class of
freight, and shall cause a certified copy of such classification
and schedule of rates to be delivered to each of said railroads at
its principal office in Texas, or to any agent of said company in
this State; which schedule, rules, and regulations shall take
effect at the date fixed by the Commission, not less than twenty
days after the date of service.
Acts 1925, 39th Leg., p. 668, ch. 201, Sec. 1.
Art. 6456. [6659] [4567] Schedule to be printed and posted
Each of said railroad companies shall cause said schedule to be
printed in type of a size not less than pica, and shall have the same
posted up in a conspicuous place at each of its depots, so as to be
inspected by the public.
Acts 1925, 39th Leg., p. 668, ch. 201, Sec. 1.
Art. 6457. [6659] [4567] May abolish or alter regulations
The Commission may at any time abolish, alter, or in any manner
amend any such regulations; and in that event certified copies of
the schedules, rules or regulations, showing the changes therein,
shall be delivered to each road affected as herein specified. In
all cases where the rates shall not have been fixed by the
Commission, no changes shall be made, except after ten days' notice
to and with the consent of the Commission.
Acts 1925, 39th Leg., p. 668, ch. 201, Sec.1.
Art. 6458. [6660-1-2] Emergency freight rates
The Commission may prevent interstate rate wars and injury to the
business or interests of the people or railroads of the State, or in
case of any other emergency, to be judged of by the Commission, it
shall temporarily alter, amend or suspend any existing freight
rates, tariffs, schedules, orders and circulars on any railroad or
part of railroad in this State, and fix freight rates where none
exist. Said rates so made, shall take effect at such time and
remain in force for such length of time as the Commission may
prescribe.
Acts 1899, p. 311; Acts 1897, p. 51; G.L. vol. 10, p. 1105.
Art. 6459. [6663] Temporary tariffs
The Commission shall have power to make temporary freight and
passenger tariffs, to take effect at such times as said Commission
shall fix whenever an emergency arises, the sufficiency of which
shall be judged of by said Commission. In order that justice may be
done or injury prevented any person, place or locality, said
Commission shall have the power at once to suspend temporarily any
existing freight or passenger tariffs, rules and regulations for
temporary use, to have immediate effect where none exists.
Acts 1907, p. 220.
Art. 6460. [6664] [4568] Complainants
Any person, firm, corporation, or association, body politic, or
municipal organization, complaining of anything done or omitted to
be done by any railroad subject hereto, in violation of any law of
this State, or any provision of this title, for which penalty is
provided, may apply to the Commission under such rules as the
Commission may prescribe.
Acts 1891, p. 55; G.L. vol. 10, p. 57.
Art. 6461. [6664] [4568] Procedure
If there shall appear to the Commission any reasonable grounds for
investigating such complaint; (1) it shall give at least five days'
notice to such railroad of such charge and complaint, and call upon
such road to answer the same at a time and place to be specified by
the Commission. (2) It shall investigate and determine such
complaint under such rules and modes of procedure as it may adopt.
(3) If the Commission finds that there has been a violation, it
shall determine if the same was wilful. (4) If it finds that such
violation was not wilful, it may call upon said road to satisfy the
damage done to the complainant thereby, stating the amount of such
damage, and to pay the cost of such investigation; and if the said
railroad shall do so within the time specified by the Commission
there shall be no prosecution by the State. (5) If said railroad
shall not pay said damage and cost within the time specified by said
Commission or if the Commission finds such violation was wilful, it
shall institute proceedings to recover the penalty for such
violation and the cost of the investigation.
Acts 1891, p. 55; G.L. vol. 10, p. 57.
Art. 6462. [6664] [4568] Complaints, how framed
All such complaints shall be made in the name of the State of Texas
upon the relation of such complainant. All evidence taken before
said Commission in the investigation of any such complaint, when
reduced to writing and signed and sworn to by the witnesses, may be
used by either party, the State, complainant, or by the railroad
company, in any proceeding against such railroad involving the same
subject matter.
Acts 1891, p. 55; G.L. vol. 10, p. 57.
Art. 6463. [6664] [4568] Testimony taken
The Commissioners may require the testimony taken before them to be
reduced to writing when they deem necessary, or when requested to do
so by either party to such proceedings; and a certified copy, under
the hand and seal of said Commission, shall be admissible in
evidence upon the trial of any cause or proceeding growing out of
the same transaction against such railroad, involving the same
subject matter and between the same parties. No provisions of this
and the three preceding articles shall abridge nor affect the
rights of any person to sue for any penalty that may be due him under
the provisions of this title, or any other law of the State.
Acts 1891, p. 55; G.L. vol. 10, p. 57.
Art. 6464. [6665] [4569] 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.
Art. 6465. [6665] [4569] 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.
Art. 6466. [6666] [4570] Shall ascertain cost of railway, etc.
The Commission shall ascertain as nearly as practicable:
1. The amount of money expended in construction and equipment per
mile of every railway in Texas;
2. The amount of money expended to procure the right of way, and the
amount of money it would require to reconstruct the roadbed, track,
depots, and equipment, and to replace all the physical properties
belonging to the railroad.
3. The outstanding bonds, debentures and indebtedness, and the
amount respectively thereof; when issued, and the rate of
interest; when due, for what purpose issued, how used, to whom
issued, to whom sold, and the price in cash, property or labor, if
any, received therefor.
4. Disposition of the proceeds, by whom the indebtedness is held,
and the amount purporting to be due thereon.
5. The floating indebtedness of the company, to whom due and his
address, and the credits due on it.
6. The property on hand belonging to the railroad company.
7. The judicial or other sales of said road, its property or
franchises, and the amounts purporting to have been paid and in what
manner paid therefor.
8. The amounts paid for salaries to the officers of the railroad and
the wages paid its employes.
For the purposes of this article named, the Commission may employ
sworn experts to inspect and assist them when needed, and from time
to time, as the information required by this article is obtained, it
shall communicate the same to the Attorney General by report, and
file a duplicate thereof with the Comptroller for public use. Said
information shall be printed from time to time in the annual report
of the Commission.
Acts 1891, p. 55; G.L. vol. 10, p. 57.
Art. 6467. [6667] [4571] 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.
Art. 6468. [6667] [4571] 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.
Art. 6469. [6667] [4571] Annual reports
The Commission shall make and submit to the Governor annual reports
containing a full and complete account of the transactions of their
office, together with the information gathered by such Commission
as herein required, and such other facts, suggestions and
recommendations as it may deem necessary, which report shall be
published as the reports of heads of departments.
Art. 6470. [6667] [4571] Through freights
The Commission shall investigate all through freight rates on
railroads in Texas; and when same are, in the opinion of the
Commission, excessive or levied or laid in violation of the
interstate commerce law, or the rules and regulations of the
Interstate Commerce Commission, the officials of the railroads
shall be notified of the facts and requested to reduce them or make
the proper corrections, as the case may be. When the rates are not
changed and the proper corrections are not made according to the
request of the Commission, it shall notify the Interstate Commerce
Commission and apply to it for relief.
Acts 1891, p. 55; G.L. vol. 10, p. 57.
Art. 6471. [6668] [4572] 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.
Art. 6472. [6668] 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.
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.
Art. 6473. [6669] [4573] Extortion
If any railroad company, subject to the provisions of this title, or
its agent or officer, shall charge, collect, demand, or receive a
greater rate, charge or compensation than that fixed and
established by the Commission for the transportation of freight,
passengers or cars, or for the use of any car on the line of its
railroad, or any line operated by it, or for receiving, forwarding,
handling or storing any such freight or cars, or for any other
service performed or to be performed by it, such railroad company
and its agent and officer shall be deemed guilty of extortion, and
shall forfeit and pay to the State of Texas a sum not less than one
hundred nor more than five thousand dollars.
Acts 1891, p. 55; G.L. vol. 10, p. 57.
Art. 6474. [6670] [4574] "Unjust discrimination"
Unjust discrimination is hereby prohibited and the following acts
or either of them shall constitute unjust discrimination.
1. If any railroad subject hereto, directly or indirectly, or by any
special rate, rebate, drawback or other device, shall charge,
demand, collect or receive from any person, firm or corporation a
greater or less compensation for any service rendered or to be
rendered by it than it charges, demands, collects or receives from
any other person, firm or corporation for doing a like and
contemporaneous service, or shall give any undue or unreasonable
preference or advantage to any particular person, firm or
corporation, or locality, or to subject any particular description
of traffic to any undue or unreasonable prejudice, delay or
disadvantage in any respect whatsoever.
2. If any railroad company shall fail or refuse, under regulations
prescribed by the Commission, to receive and transport without
delay or discrimination the passengers, tonnage and cars, loaded or
empty, of any connecting line of railroad, and every railroad which
shall, under such regulations as the Commission may prescribe, fail
or refuse to transport and deliver without delay or discrimination
any passengers, tonnage or cars, loaded or empty, destined to any
point on or over the line of any connecting line of railroad;
provided perishable freights of all kinds and live stock shall have
precedence of shipment.
3. If any railroad company shall charge or receive any greater
compensation in the aggregate for the transportation of like kind
of property or passengers for the shorter line than for a longer
distance over the same line; provided, that upon application to the
Commission any railroad may in special cases, to prevent manifest
injury, be authorized by the Commission to charge less for longer
than for shorter distances for transporting persons and property,
and the Commission shall, from time to time, prescribe the extent to
which such designated railroad may be relieved from the operation
of this provision. No injustice shall be imposed upon any citizen
at intermediate points. Nothing herein shall be so construed as to
prevent the commission from making what are known as "group rates"
on any line or lines of railroad in this State.
4. Penalty.--Any railroad company guilty of unjust discrimination
as hereinbefore defined shall for each offense pay to the State of
Texas a penalty of not less than five hundred dollars nor more than
five thousand dollars.
5. Exceptions.--Nothing herein shall prevent the carriage, storage
or handling of freight free or at reduced rates, or to prevent
railroads from giving free transportation or reduced
transportation under such circumstances and to such persons as the
law of this State may permit or allow.
Acts 1891, p. 55; G.L. vol. 10, p. 57.
Art. 6475. [6671] [4575] 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.
Art. 6476. [6672] [4576] 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.
Art. 6477. [6673] [4577] 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. 6478. [6674] [4578] Evidence
Upon application of any person, the Commission shall furnish
certified copies of any classification, rates, rules, regulations,
or orders, and such certified copies, or printed copies published
by authority of the Commission shall be admissible in evidence in
any suit and sufficient to establish the fact that any charge, rate,
rule, order, or classification therein contained and which may be
an issue in the trial, is the official act of the Commission. A
substantial compliance with the requirements of this chapter shall
be sufficient to give effect to all the classifications, rates,
charges, rules, regulations, requirements and orders made and
established by the Commission, and none of them shall be declared
inoperative for any omission of a technical matter in the
performance of such act.
Acts 1891, p. 55, G.L. vol. 10, p. 57.
Art. 6478a. Reception in evidence of schedules, classifications and
tariffs of rates, fares and charges
Printed copies of schedules, classifications and tariffs of rates,
fares and charges, and supplements thereto, filed with the
Interstate Commerce Commission or the Railroad Commission of Texas,
which show respectively an Interstate Commerce Commission number,
which may be stated in abbreviated form as I.C.C. No. ______, and an
effective date, or which show respectively a Railroad Commission of
Texas number, which may be stated in abbreviated form as R.C.T. No.
__________, and an effective date, may be received in evidence
without certification and shall be presumed to be correct copies of
the original schedules, classifications, tariffs and supplements
on file with the Interstate Commerce Commission or on file with the
Railroad Commission of Texas.
Acts 1959, 56th Leg., p. 218, ch. 127, Sec. 1, eff. April 29, 1959.
Art. 6479. [6676] Power of Commission to relax requirement as to
number of passenger trains; hearing; stopping at county seats;
electric and motor cars
The terms "road," "railroad," "railroad companies," and "railroad
corporations," as used herein, shall be taken to mean and embrace
all corporations, companies, individuals and associations of
individuals, their lessees or receivers, appointed by any court
whatsoever, that may now or hereafter own, operate, manage or
control any railroad, or part of a railroad, in this State, and all
such corporations, companies and associations of individuals,
their lessees or receivers, as shall do the business of common
carriers on any railroad in this State.
1. The provisions of this chapter shall be construed to apply to and
affect only the transportation of passengers, freight and cars
between points within this State; and this chapter shall not apply
to street railways nor suburban or belt lines of railways in or near
cities and towns, but shall apply to the transportation of
passengers and freight by electric or gasoline motor cars over
steam railroads subject to this Act.
2. It shall be the duty of the Commission to see that upon each
railroad in this State carrying passengers for hire there shall be
run at least one train each day, Sundays excepted, upon which
passengers shall be hauled; provided, however, the Commission may,
in its discretion, upon application filed and after notice and
hearing, relax such requirement as to any railroad, or part,
portion or branch thereof, when, in its opinion, public convenience
permits of such relaxation, and shall relax such requirement when
it appears upon such hearing that the running of one train each day,
Sundays excepted, is not necessary in the rendition of adequate
service to the public, or that on any railroad, or part, or portion
or branch thereof, passenger service as frequent as one train each
day, Sundays excepted, with the passenger traffic offered and
reasonably to be expected, does not and will not pay the cost of
such service plus a reasonable return upon the property employed in
the rendition of such service; and Commission shall further
regulate passenger train service so as to require the stoppage of
such trains, for a time sufficient to receive and let off
passengers, at such stations as may be designated by the
Commission; and it may further prescribe the number of trains so
operated each day which shall be required to stop at County seat
stations; and if such railroad, or branch of same shall operate a
gasoline or electric motor car over its line, carrying passengers
for hire in this State, such motor car shall be deemed a train
within the meaning of this Article and shall be subject to and
included within the provisions hereof.
Acts 1925, 39th Leg., p. 365, ch. 154, Sec. 1.
Amended by Acts 1927, 40th Leg., p. 283, ch. 198; Acts 1933, 43rd
Leg., p. 281, ch. 111, eff. May 8, 1933.
Art. 6479a. Frequency of freight train service; powers of
Commission; hearing; certificate; furnishing cars
Every railroad company, receiver, trustee, lessee, agent or other
person, company or association operating any line of railroad in
this State shall be and hereby is required to furnish freight train
service at intervals sufficiently frequent to meet the reasonable
necessities of the freight traffic offered for transportation over
such line of railroad. If the Railroad Commission of Texas, on
application and after notice and hearing shall find that on any line
of railroad in this State, or part, portion or branch thereof, the
convenience of the public does not require the furnishing of
freight train service at more frequent intervals than a specified
number of trains each week, it shall certify such finding to said
applicant, and until such certificate, after notice and hearing,
shall have been modified or revoked, it shall be conclusively
presumed that freight train service of the frequency specified in
such certificate over the railroad, or part, portion or branch
thereof, described in such certificate is fully adequate to
discharge the public duty of the person, firm or corporation
operating such railroad, and such person, firm or corporation shall
not be subject to any penalties or liabilities whatsoever for
failing to operate or furnish freight train service in excess of
that specified in that certificate. The time within which cars may
be required to be furnished for loading under any of the laws of
this State shall, on the railroad, or part, or portion or branch
thereof, specified in any such certificate, be extended and
enlarged, in case any such certificate, be made, by multiplying the
maximum number of days otherwise allowed by a fraction whose
numerator shall be seven and whose denominator shall be the number
of trains in any one direction which may be specified in such
certificate as the maximum required in any one week.
Acts 1933, 43rd Leg., p. 280, ch. 110, eff. May 8, 1933.
Art. 6480. [6677] [4581] Law cumulative
Any provision of this title which may be inconsistent or in conflict
with Title 66 shall be void and inoperative, but to that extent
only. The provisions of any foregoing article of this title shall
not have the effect to release or waive any right of action by the
State, or any person, for any right, penalty or forfeiture which may
have arisen or may hereafter arise under any law of this State; and
all penalties accruing under this title shall be cumulative of each
other, and a suit for or recovery of one shall not be a bar to the
recovery of any other penalty.
Acts 1891, p. 55; G.L. vol. 10, p. 57.
Art. 6481. [6678-79] Railroad to furnish cars
When any person, firm or corporation, desiring to ship any freight
of any kind shall make written application to any superintendent,
agent, or other person in charge of transportation, to any railway
company, receiver or trustee operating a line of railway at the
point the cars are desired upon which to ship any freight, it shall
be the duty of such railroad company, receiver, trustee, or other
person in charge thereof, to supply the number of cars so required,
at the point indicated in the application, within a reasonable time
thereafter, not to exceed six days from the receipt of such
application, and shall supply such cars to the persons so applying
therefor, in the order in which such applications are made, without
giving preference to any person. If the application be for twelve
cars or less, the same shall be furnished in three days; and
provided further, that, if the application be for fifty cars or
more, the railway company may have ten full days in which to supply
the cars. Said application for cars shall state the number of cars
desired, the place at which they are desired, and the time they are
desired. The place designated shall be at some station or switch on
the railroad.
Acts 1887, p. 133; Acts 1899, p. 67; Acts 1st C.S. 1913, p. 23.
Art. 6482. [6680] [4499] Penalty
A railway company failing to furnish cars applied for under the
provisions of this chapter shall forfeit to the party or parties so
applying for them the sum of twenty-five dollars per day for each
car failed to be furnished, and all actual damages that such
applicant may sustain.
Acts 1887, p. 133; Acts 1899, p. 67; Acts 1st C.S. 1913, p. 23.
Art. 6483. [6681] [4500] Deposit
Such applicant shall deposit with such agent, superintendent or
other person one-fourth of the amount of freight charges for the use
of such cars, and shall load said cars within forty-eight hours
after they have been duly delivered; and upon failure to do so, he
shall forfeit and pay to the company the sum of twenty-five dollars
for each car not used. Where applications are made on several days,
all of which are filed upon the same day, the applicant shall have
forty-eight hours to load the car or cars furnished on the first
application, and the next forty-eight hours to load the car or cars
furnished on the next application, and so on; Sundays shall not be
included in computing the time. The penalty prescribed shall not
accrue to any car or lot of cars applied for any one day, until the
period within which they may be loaded has expired. If the said
applicant shall not use such cars so ordered by him, and shall
notify said company or its agent, he shall forfeit and pay to the
said railroad company, in addition to the penalty herein
prescribed, the actual damages that such company may sustain by the
failure to use said cars.
Acts 1887, p. 133; Acts 1899, p. 67; Acts 1st C.S. 1913, p. 23.
Art. 6484. [6682] [4501] To deliver loaded cars
When cars have been supplied and loaded, the railway company shall
deliver them to the consignee within a reasonable time; and the
consignee shall unload the same within forty-eight hours after
delivery and notice, Sundays excepted, or forfeit and pay to the
company the sum of twenty-five dollars per day for each car not so
unloaded.
Acts 1887, p. 133; Acts 1st C.S. 1913, p. 23; G.L. vol. 9, p. 931.
Art. 6485. [6683] [4502] Proof necessary
Parties bringing suit against a railroad company under the
provisions of this law shall show that such cars if furnished, would
have been loaded within the time specified by this law. The
provisions of this law shall not apply in cases of strikes or public
calamity.
Acts 1887, p. 133; Acts 1st C.S. 1913, p. 23; G.L. vol. 9, p. 931.
Art. 6486. Not to affect demurrage regulations
The provisions of this law shall not forfeit or annul the demurrage
regulations provided by the Commission, and all penalties accruing
to the carrier hereunder shall be cumulative of and additional to
all demurrage charges prescribed by said Commission.
Acts 1st C.S. 1913, p. 24.
Art. 6487. [6684] Duty to furnish cars
Each railroad company incorporated under the laws of this State and
doing business in this State, under the limitations and regulations
prescribed by the Commission, shall equip and provide sufficient
motive power and rolling stock to handle all passenger and freight
traffic expeditiously and without delay.
Acts 1907, p. 297.
Art. 6488. [6685] Commission to require mortgage
The Commission shall require each railroad corporation chartered
under the laws of this State, holding itself out as a common
carrier, to provide and equip itself with sufficient motive power
and rolling stock, or other equipment necessary, to handle all
passenger and freight traffic, expeditiously and without delay, and
it is vested with full power to require of such common carriers the
purchase of such rolling stock and motive power as will properly
equip such common carrier, and facilitate the movement of all
traffic, passenger and freight, and that will supply transportation
accommodations which it offers to perform as an inducement to the
public to travel or ship via the lines of such railroad company, or
common carrier. The Commission is authorized and empowered to
approve liens or mortgages that may be given by such railroad
companies and common carriers to secure the purchase or lease price
of any equipment or motive power which may be deemed by the
Commission necessary for the proper discharge of its duty as a
common carrier. If in the judgment of the Commission any railroad
company in this State which now has an excessive issue of bonds and
stocks outstanding, has not sufficient passenger and freight
equipment and motive power to handle the passenger and freight
business of such common carrier and railroad company, the
Commission after not less than five days' notice and hearing shall
issue an order requiring the purchase of such rolling stock as in
the judgment and discretion of the Commission may be deemed
necessary for the prompt, expeditious and comfortable
transportation of freight and passengers over the line of such
railroad company and common carrier; and in such case, the
Commission is authorized to approve contracts or liens for the
purpose of securing the purchase or lease price of such rolling
stock, motive power and equipment.
Acts 1907, p. 297.
Art. 6489. [6686] Penalty
Any railroad company or common carrier failing to comply with any
provision of the two preceding articles, or to obey the orders of
the Railroad Commission, made in pursuance of any provision
thereof, shall be deemed guilty of an abuse of their rights and
privileges, and, shall be subject to a penalty of one hundred
dollars payable to the State of Texas. Each day that such railroad
company or common carrier neglects, fails or refuses to comply with
such orders shall constitute a separate offense.
Acts 1907, p. 297.
Art. 6490. [6687] Facilities, interchange cars, etc.
Every railroad company operating a line of railroad within this
State shall provide sufficient tracks, switches, sidings, yards,
depots, motive power, cars and all other needful facilities and
appliances, for receiving and delivering freight, to enable it with
reasonable dispatch to perform all of its duties as to all traffic
which with ordinary foresight and diligence could be anticipated,
as a common carrier; and furnish all necessary and suitable cars
and vehicles of transportation for all freight offered or tendered
to it for shipment within a reasonable time after demand therefor
made by a shipper; and supply within a reasonable time, at its
station or stations, spurs, sidings, switches, or other places, at
which it receives freight for transportation, and from which such
shipper gives notice to such railway company that he desires to ship
such freight at the time designated by the shipper, where it is
within reasonable time, sufficient suitable cars within which to
load the same; and as to all services to be performed within the
limits of the State, as to such freight and cars shall transport
same within a reasonable time to destination, when destined to a
point upon the line of such railway receiving such freight, and, if
destined to a point beyond the line of such railroad, then transport
and deliver within a reasonable time such freight in such loaded car
or cars to the connecting carrier forming any part of the route over
which such shipment is made, for the purpose of transportation by
such connecting carrier on to the destination of such freight, or
for delivery by it to the connecting line or lines forming any part
of the route over which same is to be transported to its ultimate
destination; and each connecting line of railroad engaged in such
transportation, as to all such service to be performed, as to all
such freight and cars in which the same is carried within this
State, shall receive and transport within a reasonable time such
loaded car or cars tendered to it, if in suitable condition for
movement, and deliver the same at destination thereof, if destined
to a point upon its line of railroad, and, if destined to a point
beyond its line of railroad, then to its connecting carrier forming
any part of the route over which such car or cars are to be
transported, subject to the same duties and obligations as if such
freight had originated upon such line of railroad. Where such
freight forms less than a carload, or where it may be necessary to
unload the same because of any accident or injury thereto, or to the
car in which the same is being transported, or where such freight is
unloaded at the request of the shipper en route, or where by reason
of any accident or unavoidable cause, or in order to comply with any
law or regulation provided by law, such freight is unloaded, or it
is reasonably necessary to do so, or where it is for any other
reason necessary to unload such freight in order to forward, or
before it can be forwarded, in any such cases, where suitable cars
may be supplied, and when the freight is carried wholly within this
State, the Commission shall make all needful rules and regulations
for unloading cars at junction points, or otherwise forwarding
cars, furnishing cars for forwarding or reloading and the exchange
of cars and forwarding of such freight in the same or other cars.
Whenever by reason of any accidental or unavoidable cause which
cannot be provided against by the use of reasonable foresight or
diligence, such railroad company fails to so furnish cars and shall
use reasonable diligence to do so promptly after the happening of
such accidental or unavoidable cause, it shall not, on account of
such failure, be liable to the penalties of attorney's fees or as
otherwise herein prescribed. But nothing in this article shall in
any way affect the right or remedy of any shipper or other person as
same may exist at common law or under any statute to recover on
account of the failure, delay, or refusal to furnish cars for
transportation of any freight, or other failure to perform any
other legal duty, nor to in any wise exempt any such railroad
company from any provision of the statutes of this State, or other
duties imposed by law.
Acts 1907, p. 343.
Art. 6491. [6688] To interchange cars at junction points
To facilitate the movement, preservation and exchange of freight,
every railroad company in this State, whose line of railroad
connects with the line of any other railroad company in this State,
shall exchange at such connecting or junction points, the loaded
and empty cars used in or for transportation of freight carried upon
such lines of railroad forming any part of the route over which said
freight is carried or to be carried; and a railroad company forming
any part of the through or joint route over which any freight is
carried or to be carried, or having or participating in the joint
rates on which such freight is carried or to be carried, on demand
of any such connecting line delivering to it any such loaded car or
cars of freight at junction points within this State shall furnish
to such delivery line within a reasonable time after such loaded
cars are so received, at such junction point in this State, as many
cars suitable for the carriage or transportation of similar freight
as may be so delivered to it loaded, by such connecting line; and
upon the demand of the owner thereof, or the railroad company
entitled thereto, or to the use thereof, every such railroad
company so receiving the cars of another shall return the same at
the place where they were received, or at such place as may be by
said railroads agreed upon, within a reasonable time after demand
thereof; and as to cars exchanged in transporting freight wholly
within this State within the time and according to the rules and
regulations prescribed by the Commission.
Acts 1907, p. 343.
Art. 6492. [6689] Commission to make rules
As to all freight carried wholly within this State and the cars used
therefor, the Commission shall make and establish all needful rules
and regulations, general and special, which may be different
according to the circumstances and conditions to different
railroads and localities and for different kinds and classes of
freight and cars, providing for the time, place and manner of
demanding cars for or giving notice of shipment of such freight and
the time, place, manner and order in which the same shall be
furnished to shippers for the purpose of shipping freight between
points in this State; and prescribe rules and regulations for the
furnishing, exchanging and interchanging of cars, loaded and empty,
by railroad companies as between each other; the time, place, terms
and conditions upon which such cars shall be furnished and such
interchange shall be made, and in the absence of an agreement of
such railroad companies, the reasonable compensation to be paid by
each railroad company for the use, loss, injury or destruction of
the cars of another railroad company in the transportation of such
freight; the time within which, and the manner by which railroad
companies shall give notice or make demand upon each other for cars
to be furnished by one railroad company in exchange for loaded cars,
or to have its cars returned, the reasonable free time to be allowed
the shippers for the loading of such car or cars without incurring
liability for demurrage; the free time which shall be allowed to
the shipper or consignee in which to unload such freight without
incurring any liability for demurrage; a schedule of reasonable
demurrage charges, reciprocal or otherwise, for the use of cars,
irrespective of damages or penalties herein provided, which may be
different for different railroads and different traffic and
localities, to be paid by shippers for the detention or use of cars
either in loading or unloading, or by the railroads for failing in a
reasonable time to furnish cars, or to make delivery of loaded cars,
subject to the penalties and damages herein provided, and the rules
and regulations with respect thereto. Said Commission, whenever it
may deem same necessary in order to secure the prompt
transportation of freight and preservation of the property, shall
be authorized to prescribe the minimum speed at which freight shall
be moved when being transported between points within this State,
including the time for transfer and delivery as between connecting
railroads. Every such railway company shall conform to each rule,
regulation and order of the Commission made in accordance with the
two preceding and three succeeding articles; and failure to
observe the rules and regulations of the Commission, or to comply
with the provisions of this law, as to freight carried wholly within
this State, shall be deemed an abuse subject to correction by the
Commission, and shall subject such railroad company to the
penalties hereinafter provided.
Acts 1907, p. 343.
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.
Art. 6493. [6690] Liable for damages, when
Every railroad company which shall fail to furnish cars as provided
herein for the shipment of freight within a reasonable time, or in
case of the shipment of freight between points within this State,
within the time prescribed by the Commission, or shall fail to
receive and forward any loaded car or cars or to exchange cars as
provided herein, shall be liable to the shipper or other person
injured or damaged thereby for all such injury or damages as may
result to such shipper, and all special damages of which such
railroad company had notice at the time of the shipment, or which
shall occur after written notice thereof, and shall be liable in
addition thereto for an amount equal to a reasonable attorney's fee
in case suit is brought for the recovery of such damage. If any
railroad company in this State shall fail or refuse to furnish
within a reasonable time after demand therefor, any car or cars for
the shipment of live stock, green fruit, vegetables or other
perishable freight, such railroad company shall be liable to the
shipper for the damage caused thereby, and a reasonable attorney's
fee in case of suit to recover the same. Any railroad company which
shall fail to furnish or exchange cars as required by the provisions
of this law, or by the rules and regulations of the Commission as
provided for herein, shall be liable to the railroad company
injured thereby for all such damages as may result to it, and in
addition thereto an amount equal to a reasonable attorney's fee in
case suit is brought for the recovery of any damage. Every railroad
company using cars of another railroad company, or which have been
delivered to it by such railroad company, shall be liable to pay to
the party entitled thereto the value of the reasonable use and hire
thereof, and for injury or damage thereto, or destruction thereof,
while in its possession or under its control, for the amount of such
injury; and, in case of cars in the shipment of freight between
points wholly within this State, the amount for the use or hire
thereof may be prescribed by the Commission, unless the owners of
such cars and such railroad companies agree upon such compensation.
Where any such railroad company, or owner of any such car or cars,
shall be dissatisfied with the amount fixed by the Commission for
such use, hire, loss or destruction, or damage to such car, or where
the railroad company liable therefor shall fail to pay for the same,
the Commission or person entitled thereto, or which is liable for
the use, hire, loss, injury or destruction of such cars, shall be
entitled to establish the reasonable value thereof by suit.
Acts 1907, p. 343.
Art. 6494. [6690] Not to furnish cars, when
No railroad company shall be compelled to furnish its own cars to
any other railroad company which is involved, except upon
reasonable security furnished to it to protect it from loss of or
damages to or destruction of such cars and compensation for the use
thereof, and in no event shall any railroad company be required to
furnish any cars to any connecting line, except to exchange for
other cars reasonably suitable for the transportation of freight.
Acts 1907, p. 343.
Art. 6495. [6691] Other penalty
A railroad company which shall willfully, by its gross negligence,
or by the gross negligence of its agents having charge and
management of the matter of furnishing cars, fail or refuse to
furnish or exchange cars as herein provided for, or to transport or
deliver the same within the time prescribed by the Commission, as to
freight carried between points wholly within this State, or if not
so prescribed, then within a reasonable time, shall in addition to
the other liabilities herein provided for, forfeit to the State of
Texas, for each of such violations, not less than one nor more than
one hundred dollars for each offense; and each day of such failure
or neglect as to each car which it, by such willful or gross
negligence, shall fail or refuse to furnish or exchange shall be a
separate offense.
Acts 1907, p. 343.
Art. 6496. "Shipper"
By the term "shipper" as herein used, is meant any person, firm or
corporation tendering freight for shipment, and any consignor or
consignee of any bill of lading, or other person, firm or
corporation having the right of consignor or consignee.
Acts 1907, p. 343.
Art. 6497. [6692] "Reasonable time"
It shall be deemed prima facie a reasonable time within which to
order cars that any shipper shall give written notice thereof to the
station agent at the place of shipment, or in his absence, to the
nearest station agent of the railroad company to which such
application is made, three days before such shipment of five cars or
less, and five days for less than ten or more than five cars, and
eight days for ten cars or more. The railroad companies shall
furnish their station agents with printed blanks upon which
shippers may make application for their cars. Nothing in this and
the five preceding articles shall be construed to exempt any
railroad company from the obligation to furnish cars for shipment
without such written notice, but it shall only be subject to the
penalties of this law for failure to furnish cars to shippers where
notice thereof shall be given in writing, or in case of shipment of
freight wholly between points in this State, then in accordance
with the rules and regulations of the Commission.
Acts 1907, p. 343.
Art. 6498. [6693] Suitable depots
Each railroad company in this State shall provide and maintain
adequate, comfortable and clean depots and depot buildings at their
several stations for the accommodation of passengers, and keep said
depot buildings well lighted and warmed for the comfort and
accommodation of the traveling public. They shall keep and
maintain apartments in such depot buildings for the use of
passengers, and keep and maintain adequate and suitable freight
depots and buildings for receiving, handling, storing and
delivering of all freight handled by such roads, and the Commission
shall require railroad companies to comply fully with the
provisions of this law under such regulations as said Commission
may deem reasonable.
Acts 1909, 2nd C.S., p. 401.
Amended by Acts 1969, 61st Leg., p. 363, ch. 133, Sec. 1, eff. Sept.
1, 1969.
Art. 6499. [6695] Union depots
Where two or more railroad companies reach the same city or town in
this State, if the Commission shall deem it practicable for such
railroad companies to use a joint or union passenger depot or to
join in the construction and use of a passenger depot, then it shall
give notice to such railroad companies and after investigation and
public hearing, may require the construction and maintenance of
such union passenger depot by such railroad companies, if it
appears to the Commission that the construction and maintenance of
such union passenger depot are just and reasonable to the railroad
companies involved, and demanded by the public interest. The
Commission may specify the requirements of such union depot as to
kind and character and may apportion the cost of construction and
maintaining the same to each railroad company where the companies
cannot agree.
Acts 2nd C.S. 1909, p. 399.
Art. 6500. [6696] Penalty for failure
Failure upon the part of any railroad company to observe and obey
the orders of the Railroad Commission, issued in compliance with
the two preceding articles shall subject such railroad company to
the fines and penalties prescribed by law for failure to obey the
lawful requirements, order, judgments and decrees made by the
Commission.
Acts 2nd C.S. 1909, p. 399.
Art. 6501. [6697 to 6700] Right to lease another road
A railroad whose total mileage in this State does not exceed thirty
miles in length, which connects at or near the State line with any
other railroad, may be leased by the company owning such other
railroad, subject to the following provisions:
1. Such lease shall be made on such terms and for such time, not
exceeding ten years, as may be approved by the Commission. At any
time before or after its expiration the lease may be renewed or
another executed subject to the provisions and limitations of this
title.
2. During the term of such lease the lessor company shall remain
subject to the jurisdiction of the Commission, and shall be liable
for any and all things occurring on or in connection with such road.
The lease shall not operate to exempt or release either the lessor
or lessee company from any liability that would otherwise exist
against it.
3. The lessee company shall be exempted from the laws of this State
requiring general offices to be maintained and general officers to
reside in this State, except as required by provisions of the
Constitution of this State and by the orders of the Commission.
4. In a suit against the lessor company the officers and agents of
the lessee company shall be the officers and agents of the lessor
company for the purpose of serving process.
The provisions of this article shall not apply to any railroad whose
total mileage in this State may exceed thirty miles in length,
although the part of its line connecting at or near the State line
does not exceed thirty miles in length.
Acts 1899, p. 73.
Art. 6502. [6701 to 6705] Railroad crossings
Any company, corporation or receiver or person operating any
railroad in this State shall forfeit and pay to the State of Texas a
penal sum of five hundred dollars per week for each week of refusal
or neglect to comply with any order made by the Commission in
pursuance of the following provisions of this article:
1. When necessary for the track of one railroad company to cross the
track of another, the Commission shall ascertain and define by its
decree the mode of such crossings which will occasion the least
probable injury upon the rights of the company owning the road to be
crossed; and, if the Commission decides that it is reasonably
practicable to avoid a grade crossing, said Commission shall by its
order prevent the same.
2. Where the tracks of two or more railways cross each other at a
common grade in this State, such railroad companies shall protect
such crossing by interlocking or other safety devices and
regulations to be designated by the Commission, to prevent trains
colliding at such crossings.
3. When a railway company seeks to cross, at grades with its track
or tracks, the track or tracks of another railroad, the one seeking
to cross at grade shall be compelled to interlock, or protect such
crossings by safety devices to be designated by the Commission, and
to pay all cost of appliances together with the expense of putting
them in. This law shall not apply to crossings of side tracks.
4. When interlocking or other safety devices are constructed and
maintained in good order to the satisfaction of the Commission, the
engines and trains of such railroads may pass over such crossings
without stopping.
Acts 1901, p. 255.
Art. 6503. [6706] Double-header trains
Where an unreasonable degree of hazards results to its employes, it
is hereby declared to be an abuse of its franchise and privileges
for any railroad company, or receiver, operating a line of railroad
in this State to run or operate more than one working locomotive at
the same time in propelling or moving any one train of cars, except
in moving trains up steep grades, or where a locomotive propelling
the train becomes temporarily disabled after leaving the terminal;
the Railroad Commission shall investigate such abuses and see that
the same are corrected, regulated or prohibited as hereinafter
provided.
Acts S.S. 1900, p. 15.
Art. 6504. [6707] Use regulated by Commission
Should the Commission decide to regulate or forbid the practice of
using more than one working locomotive at the same time in the
operation of any train on any railroad, or part of railroad, within
this State, then it shall make and record an order fully setting
forth its decision and clearly designating the railroad, or part of
railroad, on which such practice is forbidden or regulated and how
regulated. Notice of such order shall be served upon said railroad
affected by it. Said notice shall contain in full a copy of said
order, and shall be directed to the sheriff or any constable of the
county where the general offices of such railroad are located; and
a copy of the same shall be delivered by the officer executing the
same to any general officer of said railroad in this State residing
in said county. Said officer executing said writ shall make his
return on the original, and deliver the same with his return
forthwith to the Commission.
Acts S.S. 1900, p. 15.
Art. 6505. [6708] Penalty
Any railroad corporation which shall at any time after ten days
after service of such notice violate the order of the Commission,
shall be liable to the State for a penalty of not less than five
hundred nor more than five thousand dollars for each offense.
Acts S.S. 1900, p. 15.
Art. 6506. Maintenance; powers of Commission
The Commission shall see that each railroad corporation owning or
operating a line of railroad in this State shall maintain its
roadbed and track in such condition as to enable it to perform all
of its duties as a common carrier with reasonable safety to persons
and property carried by it and its employes and with reasonable
dispatch. The Commission is vested with full power to require any
railroad company to purchase or secure for installation in its
roadbed or track all ties, rails, ballast and other material and
equipment as may, in the judgment of the Commission, be necessary
for the proper maintenance of the whole or any designated portion of
such track and roadbed so as to put the same in safe condition and
enable such railroad to adequately perform its duties to the public
and to transport freight and passengers with safety and dispatch.
Acts 1915, p. 201.
Art. 6507. Penalty for failure to comply
When the Commission has made such order as authorized by the
preceding article, each railroad company subject thereto, shall
promptly comply with the terms thereof, and for failure or refusal
to do so, such company or its receiver shall become liable to the
State of Texas, for a penalty of not less than five hundred nor more
than five thousand dollars for each offense. In addition to such
penalties, any court of competent jurisdiction upon application of
the Attorney General shall issue writs of mandamus and mandatory
injunctions and other proper writs to compel the compliance with
such orders.
Acts 1915, p. 201.
Art. 6508. Improvement bonds
When the Commission shall make an order as authorized by the
provisions hereof for the improvement of any line of railway, it may
in its discretion at the same time make an order permitting said
railroad corporation to issue bond sufficient to raise the money
necessary to make such improvements; and authorize such railroad
corporation to secure the same by proper mortgage upon its
property, and designate such bonds and mortgages as "Improvement
Bonds and Mortgages;" provided, the entire amount of bonds of said
railroad company shall not exceed the assets of the said company.
The Commission shall also see that the funds arising from the sale
of such bonds are applied to the making of the improvements ordered
by it to be made, and shall regulate the same in the proper manner
and any sale of such "Improvement Bonds and Mortgages" at less than
par value thereof, must in order to be valid, be approved by the
Commission.
Acts 1915, p. 201.
Art. 6509. [6715] Sidings, etc.
All railroads in Texas shall build sidings and spur tracks
sufficient to handle the business tendered such railroads, when so
ordered by the Commission.
Acts 1903, p. 93.
Art. 6510. [6716] To enforce compliance
Power is conferred on the Railroad Commission to require compliance
by railroad companies with the provisions of the preceding article,
under such regulations as said Commission may deem reasonable; and
all railroad companies shall be subject to the penalties prescribed
by law for failure to comply with the requirements of the Commission
as provided herein.
Acts 1903, p. 93.
Art. 6511. Switch connections
Any railroad company or receiver upon application of a shipper
tendering traffic for transportation sufficient to justify it,
shall construct, maintain and operate upon reasonable terms, a
switch connection with any private sidetrack or spur track
constructed by such shipper, to connect with its railroad where
such connection is reasonably practicable and can be put in with
safety and will furnish sufficient business to justify the
construction and maintenance of the same; and shall furnish cars
for the movement of such traffic to the best of its ability and
without discrimination in favor of or against such shipper.
Acts 1915, p. 66.
Art. 6512. Application
If any railroad company or its receiver shall fail to install and
operate any such switch connection, on application therefor by any
shipper, such shipper may make application to the Commission, and
it shall enter such orders as may be necessary governing the
construction, maintenance and operation of said switch connection,
if reasonably practicable and safe and will furnish sufficient
business to justify the construction and maintenance of the same.
Acts 1915, p. 66.
Art. 6513. To fix rates, prevent discrimination, etc.
The Commission shall fix just and reasonable rates to be charged by
railroad companies or their receivers for traffic moved and handled
over private sidetracks or spur tracks extending to private
industries, and it shall adopt such rates, rules, and regulations
as will prevent any discrimination in the operation of such tracks
or the handling of such traffic. Whenever any railway company or
receiver thereof shall operate any private sidetrack or spur track
without charge, the Commission shall have authority to compel the
operation without charge of any private sidetrack or spurtrack
similarly situated.
Acts 1915, p. 66.
Art. 6514. To regulate private sidetracks, etc.
The Commission shall prescribe reasonable rates, rules and
regulations for the operation of all private sidetracks or spur
tracks constructed either by the railroad companies themselves or
by individuals or corporate interests, or jointly by such railroads
and individuals or corporations, when such private sidetracks or
spur tracks are operated by railroad companies or the receivers
thereof; and shall have power and authority to order and compel the
operation of said private sidetracks or spur tracks whenever the
railway company or receiver thereof is operating other private side
tracks or spur tracks similarly situated, to prevent discrimination
therein.
Acts 1915, p. 66.
Art. 6515. No discrimination
Whenever any railroad company shall construct or maintain or
contribute to the construction or maintenance of any private
sidetrack or spur track to any private industry, the Commission
shall order such railway company or receiver to construct or
maintain or contribute to the construction or maintenance of a
sidetrack or spur track to any private industry similarly situated
on the same terms and conditions.
Acts 1915, p. 66.
Art. 6516. Failure to comply
Should any railroad company or receiver thereof fail to obey the
orders of the Commission issued in compliance with the five
preceding articles, such failure shall subject such railroad
company to a penalty of not less than five hundred nor more than
five thousand dollars for each offense.
Acts 1915, p. 66.
Art. 6517. Action for damages
Any person injured by a violation of the terms of the six preceding
articles shall have the right to bring suit for his actual damages
and for the enforcement of his rights thereunder.
Acts 1915, p. 66.
Art. 6518. Re-arrangement
The Commission shall investigate proposed or existing arrangement
of railroad tracks, switches and depot buildings at railroad
stations to determine whether or not proposed or existing
arrangements of such tracks, switches and depot buildings are or
may be dangerous to the public and to determine whether or not the
public interest demands a re-arrangement or relocation of such
tracks, switches and depot buildings to be made, and to determine
whether or not such re-arrangement or relocation can be made upon
terms and conditions reasonable and just to the person, firm,
corporation or receiver owning or operating such tracks, switches
and depot buildings, and the Commission may if the question can,
under the facts, be resolved affirmatively, thereupon give notice
to such persons, firm, corporation or receiver, and after public
hearing and investigation, may require the person, firm,
corporation or receiver, owning or operating such tracks, switches
and depot buildings at such points to arrange, or re-arrange, or
re-locate the same in accordance with the specifications made by
the Commission. No such arrangement, re-arrangement, or
relocation, shall be authorized or required within the limits of
any incorporated city or town without the express consent of the
governing body of such city or town.
Acts 4th C.S.1918, p. 196.
Art. 6519. Suits for penalties
All penalties and forfeitures provided for by this chapter for a
violation of any provision hereof by railway companies recoverable
by and payable to the State or any municipal subdivision thereof
shall be determined by a direct suit in a proper court instituted by
or under the direction of the Attorney General in Travis County or
in any county into or through which the line of the offending
railway company may run. The attorney bringing such suit shall
receive a fee of fifty dollars for each penalty recovered and
collected by him, and ten per cent of the amount collected to be
paid by the State; and the fees so allowed shall be over and above
the fees allowed such attorney under the provisions of law. 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.
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.
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.
