HBA-SEB H.B. 3312 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3312
By: Merritt
Energy Resources
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

The Oil Spill Prevention and Response Act of 1991 gave the General Land
Office  the responsibility of preventing and responding to oil spills along
the 624 miles of Texas coastline.  This was in an attempt to set a
statewide policy of  keeping Texas' coastal waters, rivers, lakes,
estuaries, marshes, tidal flats, beaches, and public lands as pristine as
possible.  The Railroad Commission of Texas also responds to those oil
spills that are less than 240 barrels.   According to the Legislative
Budget Board, numerous oil spill activities are duplicated by both
agencies.  H.B. 3312 designates the commission as the sole prevention and
response authority to oil spills along the coast.  In order to facilitate
this designation, this bill also calls for the development of a state
coastal discharges contingency plan and the administration of a fund for
oil spill activities.   

RULEMAKING AUTHORITY

"It is the opinion of the Office of House Bill Analysis that the rulemaking
authority previously delegated to the Commissioner of the General Land
Office is transferred to the Railroad Commission of Texas in SECTION 4
(Section 40.007, Natural Resources Code)of this bill." 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 40.002(c), Natural Resources Code, to provide
that the legislature intends to confer certain powers to the Railroad
Commission of Texas, rather than the Commissioner of the General Land
Office (GLO).  Establishes that those powers include preventing oil spills,
responding to oil spills, developing a state coastal discharge contingency
plan with the Texas Natural Resource Conservation Commission to protect
coastal waters from oil spills, and administering a fund for these
activities.   

SECTION 2.  Amends Section 40.003(3), Natural Resources Code, to redefine
"commission" to mean the Railroad Commission of Texas. 

SECTION 3.  Amends Subchapter A, Chapter 40, Natural Resources Code, by
adding Section 40.0025, as follows: 

Sec. 40.0025.  TRANSFER OF POWERS AND DUTIES TO RAILROAD COMMISSION OF
TEXAS.  Establishes that a reference to the commissioner, the commissioner
of GLO, or GLO means the Railroad Commission of Texas. 

SECTION 4.  Amends Sections 40.004-40.007, Natural Resources Code, as
follows: 

Sec. 40.004.  ADMINISTRATION OF OIL SPILL RESPONSE AND CLEANUP.  Makes
conforming changes.   

Sec. 40.005.  ADMINISTRATION OF HAZARDOUS SUBSTANCE SPILL RESPONSE AND
CLEANUP.  Makes a conforming change. 

Sec. 40.006.  INTERAGENCY COUNCIL.  Requires a member of the commission
appointed by the commission to serve as chairperson of an interagency
council for coordinating of state prevention, response, and cleanup
operations involving unauthorized  discharges of oil and hazardous
substances.  Makes conforming changes. 

Sec. 40.007.  GENERAL POWERS AND DUTIES.  Requires the commission, by rule,
to establish administrative procedures for all hearings required by this
chapter (Oil Spill Prevention and Response Act of 1991).  Makes conforming
changes. 

SECTION 5.  Amends Sections 40.053(a), (b), and (d), Natural Resources
Code, as follows: 

(a)  Deletes existing text requiring consultation with the commission by
the GLO.  Makes conforming changes. 

(b)  Deletes existing text designating the commission as coordinator for a
cleanup of an oil spill of 240 barrels or less.  Makes a conforming change. 

(d)  Makes conforming changes.

SECTION 6.  Amends Section 40.152, Natural Resources Code, to delete
exiting text establishing a fund in GLO for paying response costs and
damages.   

SECTION 7.  Repealers:  Sections 40.008 (Railroad Commission Authority) and
40.303 (Oil Spill Oversight Council), Natural Resources Code. 

SECTION 8.  (a)  Effective date: September 1, 1999.

(b)  Establishes that all powers and duties of GLO under Chapter 40,
Natural Resources Code, and all obligations, rights, contracts, records,
and real or personal property of GLO relating to those powers and duties
are transferred to the commission. 

(c)  Authorizes an obligation payable by GLO from the coastal protection
fund to established by Section 40.151, Natural Resources Code, to be paid
under applicable law by the commission from the unexpended balance of an
appropriation from the fund made to GLO for the state fiscal biennium
ending August 31, 1999.  Establishes that this authorization applies to an
obligation that is transferred by this Act to the commission. 

(d)  Provides that an appropriation to GLO is transferred to the commission
on September 1, 1999, for the state fiscal biennium beginning on that date. 

(e)  Transfers a person to the commission on the effective date of this Act
from employment in GLO if the person is in a position involving the
performance of a function under Chapter 40, Natural Resources Code, other
than an administrative function.  Authorizes the commission to transfer to
the commission a person who is employed by GLO in a position involving the
performance of an administrative function under that chapter and whose
functions approximates that required by the commission to implement this
Act.  Provides that the commission is not required to post a job vacancy
notice for a position involving the performance of an administrative
function if it transfers an employee of GLO.  Authorizes the commission to
give preference to a person employed in a similar position at GLO if the
position is posted. 

SECTION 9.  Emergency clause.