Industry Issues Spread Across Multiple Committees
by Julie Anderson
On the 45th day of the Regular Session of the Texas Legislature, the Legislative Reference Library published a set of statistics that paints a clear picture of the intrinsic value of legislative committees.
As of Feb. 21, the Texas House of Representatives had filed 2,277 bills, while the Texas Senate had logged 973. The House had referred 818 to committee, while the Senate had sent 612. On this 45th day of the session, the Senate had reported four bills out of committee. The House had reported zero.
The chairmanships and memberships of the Texas legislative committees make newspaper headlines during the session because of the power behind two sentences:
1. The bill died in committee.
2. The bill was reported out of committee.
Those advocating for a bill hope for No. 2, meaning their legislation will live to see another day.
“In Texas, several key committees in each chamber hold the path to a successful session for the Permian Basin Petroleum Association [PBPA],” said Michael Lozano, PBPA director of Government Affairs.
Clearing the Committee Hurdle
Although nearly all bills are referred to a committee, a large number of bills are never reported out of committee and are considered to have died in committee. The number of bills and resolutions filed compared to those passed certainly backs this up:
• During its 2017 regular session, the 85th Texas Legislature enacted 1,211 bills and adopted nine joint resolutions after considering 6,631 measures filed.
• During its 2015 regular session, the 84th Texas Legislature enacted 1,323 bills and adopted seven joint resolutions after considering 6,476 measures filed.
• During its 2013 regular session, the 83rd Texas Legislature enacted 1,437 bills and adopted 10 joint resolutions after considering more than 6,061 measures filed.
• During its 2011 regular session, the 82nd Texas Legislature enacted 1,379 bills and adopted 11 joint resolutions after considering more than 6,000 measures filed.
In order to become one of the “enacted or adopted,” the bill must first clear its committee. In the House rules, each committee is assigned jurisdiction over a specific subject matter, and the speaker refers legislation to House committees based on those subject matter jurisdictions. While the Senate rules do not specify subject matter jurisdictions for Senate committees and the lieutenant governor may refer legislation to any Senate committee, in practice unofficial subject matter jurisdictions are usually followed.
Once out of this first committee, the bill must jump another hurdle in the calendar committee. (See related article: How a Bill Becomes a Law.)
Industry-Related Committees
Infrastructure
“From the beginning, and even well before this session started, a priority for the PBPA and our members has been supporting infrastructure projects across the Permian Basin,” Lozano shared. “To secure such support in Austin, which if obtained will help continue the economic success of the region and the state, the Senate and House Transportation committees are going to be vital.”
Securing expanded financial support for transportation infrastructure will be crucial, meaning the Texas House Appropriations Committee and the Texas Senate Finance Committee will be very valuable as well, he continued.
“Successes in these committees will help ensure adequate resources are invested in state highways, county roads, bridges, and culverts in our region,” Lozano emphasized. “Of course, these committees will also be valuable in our push for proper funding for the Railroad Commission of Texas and a few other projects on which we’re working.”
Regulation
The PBPA will be focusing on traditional committees, as well.
From a regulatory perspective, the Texas House has the Energy Resources Committee and the Environmental Regulations Committee, Lozano explained.
“Both will be key and instrumental to ensuring a consistent regulatory environment,” he explained. “In the Texas Senate, the Texas Senate Natural Resources Committee and the Texas Business and Commerce Committee will be the focus.”
The PBPA expects several impactful bills to be heard by the newly formed House Land and Resources Management Committee, chaired by Rep. Tom Craddick.
Committee Meetings
The chair of each committee decides when the committee will meet and which bills will be considered. The House rules permit a House committee or subcommittee to meet: (1) in a public hearing where testimony is heard and official action may be taken on bills, resolutions, or other matters; (2) in a formal meeting where the committee may discuss and take official action on bills, resolutions, or other matters without testimony; or (3) in a work session where the
committee may discuss bills, resolutions, or other matters but take no formal action.
Meetings of a House committee or subcommittee are generally required to be open to the public.
The Senate rules do not explicitly provide for different types of meetings but do require that a public hearing allowing public testimony be held on a bill before it can be reported from committee.
Testimony may be heard and official action may be taken at any meeting of a Senate committee or subcommittee.
“Our staff frequently testifies before multiple House and Senate committees in both Texas and New Mexico, giving a much-needed voice to our members’ interests, and in doing so keeps our state lawmakers informed on the effects their legislation would have on our industry,” said Ben Shepperd, president of the PBPA. “Members of the legislature appreciate hearing from industry experts on proposed legislation.”
Tracking Legislation
As of press time, the following 12 bills were listed as “in committee” by the House Energy Resources:
• HB 509: Relating to the regulation of aggregate production operations by the Railroad Commission of Texas; authorizing a fee; providing administrative penalties and other civil remedies; creating criminal offenses.
• HB 857: Relating to the name and governance of the Railroad Commission of Texas.
• HB 858: Relating to the posting by the Railroad Commission of Texas on its Internet website of certain enforcement information.
• HB 860: Relating to the imposition of administrative, civil, and criminal penalties for violating certain statutes under the jurisdiction of, rules or orders adopted by, or licenses, permits, or certificates issued by the Railroad Commission of Texas; increasing criminal penalties.
• HB 862: Relating to the calculation of charges for a gas utility customer after a leak is detected.
• HB 863: Relating to gas pipeline operator reporting of pipeline incidents; clarifying changes to related administrative penalties.
• HB 864: Relating to pipeline incident reporting requirements for gas pipeline operators; clarifying changes to related administrative penalties.
• HB 865: Relating to the maintenance of records concerning pipeline incidents.
• HB 866: Relating to the replacement of certain gas pipelines with plastic pipelines; clarifying changes to related administrative penalties.
• HB 867: Relating to written disclosure of gas pipeline leaks to gas distribution customers; clarifying changes to related administrative penalties.
• HB 868: Relating to gas pipeline operator disclosure of the location of pipeline leaks; clarifying changes to related administrative penalties.
• HB 1147: Relating to a requirement that the Railroad Commission of Texas require the installation and use of subsurface safety valves on oil and gas wells drilled in certain areas.
To view bills in committee and the schedule of committee hearings, go to https://capitol.texas.gov/ and click on Texas House Committees or Texas Senate Committees.
New Mexico Legislature Approaching Finish Line
While the 54th Session of the New Mexico Legislature will adjourn March 16, it is important to note key industry committees that have been considering industry-related filings.
In New Mexico, all energy related bills in the House go to the House Energy and Natural Resources Committee, and in the Senate, they go to the Senate Conservation Committee, explained Mike Miller, government affairs spokesman for PBPA in New Mexico. If an appropriation is attached for any reason, then the bills will be further referred to the appropriate finance committee, House Appropriation and Finance or Senate Finance. If the bill has any penalty provisions, then it will be further referred to both chambers’ Judiciary Committees.
“Unlike in Texas, in New Mexico bills are referred to two committees in both the House and the Senate,” Miller said.
“If a bill gets three or more referrals, the difficulties in getting that bill back to the floor greatly increase,” he continued. “However, this can be advantageous if we are playing defense on a bill, because we can get a ‘second bite at the apple’ in a different committee with a different grouping of legislators.”
For more information on the PBPA and the Texas and New Mexico legislative sessions, go to www.pbpa.info.
Texas Legislature: How a Bill Becomes a Law
Once a bill is introduced by a legislator, a caption, or a short description, of the bill is read aloud; this reading is considered the first reading of the bill. Once read, the presiding officer assigns the bill to a committee.
The committee will hear testimony for or against the bill and then decide to take no action or issue a report on the bill. If no action is ever taken, the bill dies.
The committee issues a report that includes how everyone voted and recommendations for the bill. Bills that pass out of committee are sent to the chamber’s calendar committee. That committee then adds the bill to the chamber agenda for debate. If the bill is never scheduled by the calendar committee, it dies in the calendar committee.
If the bill is scheduled, it is read again and debated by lawmakers. The legislators of that chamber cast their votes, either through voice or a record voted. The bill needs to obtain a majority vote in order for it to pass. Once the bill passes in one chamber, it is sent to the other chamber.
If there are two different versions of the same bill, a conference committee made up of five members from each chamber is convened. At least three out of the five members must approve the bill in order for it to be considered for passing. If three approve, the bill is signed by the presiding officers of each chamber and sent to the governor.
Upon receiving a bill, the governor has 10 days in which to sign the bill, veto it, or allow it to become law without a signature. If the governor vetoes the bill and the legislature is still in session, the bill is returned to the chamber in which it originated with an explanation of the governor’s objections. A two-thirds majority in each chamber is required to override the veto. If the governor neither vetoes nor signs the bill within 10 days, the bill becomes a law. If a bill is sent to the governor within 10 days of final adjournment, the governor has until 20 days after final adjournment to sign the bill, veto it, or allow it to become law without a signature.
For additional technical details, go to https://tlc.texas.gov/docs/legref/legislativeprocess.pdf.