|
|
Court OpinionsState LawsUS CodeUS Constitution |
Texas Vernon's Texas Civil Statutes - Chapter 11 Railroad Commission Of TexasLegal Research Home > Texas Lawyer > Vernon's Texas Civil Statutes > Texas Vernon's Texas Civil Statutes - Chapter 11 Railroad Commission Of Texas 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 ... (a) Power and authority are hereby conferred upon the Texas Department of Transportation over all railroads, and suburban, belt and terminal railroads, and over all ... 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 ... 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 ... 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 ... 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 ... 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. ... (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 ... (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 ... 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, ... 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), ... (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 ... 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 ... (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 ... (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 ... 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 ... 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 ... 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 ... 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 ... (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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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, ... 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 ... 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 ... 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, ... 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 ... 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 ... 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 ... 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 ... 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 ... 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; ... 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. ... If any officer or employé of a railroad shall fail or refuse to fill out and return any blanks as above required, or fail or ... 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 Commission shall investigate all through freight rates on railroads in Texas; and when same are, in the opinion of the Commission, excessive or levied ... 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 ... 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 ... 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 ... 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, ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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. ... 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 ... 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 ... 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 ... 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 ... 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 provisions of this law shall not forfeit or annul the demurrage regulations provided by the Commission, and all penalties accruing to the carrier hereunder ... 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, ... 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 ... 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 ... 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 ... 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 ... 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, ... (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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... Where an unreasonable degree of hazards results to its employés, it is hereby declared to be an abuse of its franchise and privileges for any ... 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 railroad corporation which shall at any time after ten days after service of such notice violate the order of the Commission, shall be liable ... 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 ... 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, ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... ... (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 ... Last modified: August 10, 2007 |