Railroad Commission of Texas, Rail Division:

An Inventory of Outgoing Correspondence at the Texas State Archives, 1891-1933

Agency History

The Railroad Commission of Texas had its origin in the demands of the shipping public in the late 1880s which insisted that railroads be subject to regulation based on public interest. An advocate for governmental regulation, Attorney General James Stephen Hogg ran for Governor in 1890 with the issue of railroad regulation as the focal point of the campaign. Hogg was elected Governor in the general election and the voters also approved an amendment to Article X, Section 2 of the Texas Constitution that empowered the Legislature to enact statutes creating regulatory agencies. These elections paved the way for the Legislature to enact on April 3, 1891 "An Act to Establish a Railroad Commission of the State of Texas," that later was placed in the Texas Revised Civil Statutes under article 6444 et seq. (House Bills 1, 3, and 58, 22nd Legislature, Regular Session).

The Commission originally consisted of three members appointed by the Governor for three-year terms. Governor Hogg appointed the first three Commissioners in 1891, including John H. Reagan, who resigned as U.S. Senator from Texas to serve as the first Chairman. The Texas Constitution, Article XIX, Section 30 was amended in 1894 to provide for elective six-year overlapping terms for the Commissioners. That same year John H. Reagan was elected and served until his retirement in 1903.

The Texas Railroad Commission was the first regulatory agency created in the State of Texas and originally had jurisdiction over the rates and operations of railroads, terminals, wharves and express companies. The legal focus was on intrastate passenger and freight activities. Interstate jurisdiction fell under the U.S. Interstate Commerce Commission. For the first twenty-five years of its existence, the Railroad Commission was largely concerned with regulating railroads, setting rates, receiving complaints, and making investigations. As other controversies arose where the Legislature deemed that the public interest could best be served by regulation, additional duties were assigned to the Railroad Commission.

The Railroad Commission's authority was broadened beginning in 1917 with the passage of the Pipeline Petroleum Law, Senate Bill 68, 35th Legislature, Regular Session, that declared pipelines to be common carriers like railroads and placed them under the Commission's jurisdiction. This was the first act to designate the Railroad Commission as the agency to administer conservation laws relating to oil and gas.

The Commission's authority over railroads diminished over the latter half of the twentieth century. The Federal Railroad Safety Act of 1970 vested rail safety responsibilities in the Federal Railroad Administration. In 1980, the Federal Staggers Rail Act largely eliminated the Commission's responsibility for setting rates for intrastate railroads. By 1984, the Commission ceased its role in the economic regulation of the Texas rail industry. Regulatory powers over rail safety were granted in 1985 when the 69th Legislature authorized the Commission to implement a rail safety program in conjunction with the Federal Railroad Administration Act of 1970 (Senate Bill 444, 69th Legislature, Regular Session).

Railroad regulation was initially overseen by the Main Office, later the Main and Transportation Division, then the Transportation Division. The division charged with rail responsibilities today is the Rail Division. This division is responsible for checking equipment and track, railroad and signal operations, and hazardous material handling; conducting investigations of accidents and complaints concerning railroads; and securing federal funds to improve branch lines and preserve rail service to rural areas. The Division enforces rules aimed at removing obstructions on railroad rights-of-way and operates a crossing safety education program. There are two main sections in this division - Rail Safety and Rail Planning.

In 1999, the agency had approximately 848 FTE (full-time equivalent) employees. Legal authority for the Railroad Commission is the Texas Constitution, Art. X, Sec. 2 and Art. XVI, Sec. 30; and the Natural Resources Code, Chapter 81.

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Scope and Contents of the Records

This outgoing correspondence of the Rail Division (formerly the Main Office, then the Mail and Transportation Division and then the Transportation Division) of the Railroad Commission of Texas for 1891 to 1933 can be roughly grouped into four categories: general public, businesses, railroads, and government.

First, letters to the general public respond to requests by Confederate veterans for free passes, complaints from passengers about poor service, demands for new or improved passenger depots, requests for employment at the Railroad Commission, and petitions that trains stop at particular stations.

Second, letters to businesses usually answer questions and complaints about tariff rates. Part of the cost of freight shipments was determined by the tariff rate and this was based on the commodity, how it was packaged, how full the carload was, and what routes were used to ship the freight between points in Texas. The classifications of commodities, applications for tariff changes, and accusations of overcharges are detailed in this correspondence.

Third, letters to the railroads and their freight agents cover many areas: tariff rate questions, tracking down missing freight cars, requests for annual financial reports and corrections to those reports, complaints about high passenger fares, questions about track mileages including spur tracks and switching yards, and demurrage charges for shipments delayed or damaged. Before the establishment of the Oil and Gas Division in 1919, the Railroad Commission sent out circulars informing railroads of the requirements of the new oil and gas conservation laws. This correspondence tells companies what forms to use to comply with the law, how to file, and acknowledges forms received.

Fourth, there is correspondence with other government agencies including discussions with the state attorney general's office and with the federal Interstate Commerce Commission.

In each of the 255 volumes in this series there are usually between 700 and 1,000 letters in chronological order. The index to each volume is alphabetical by first letter of surname. A subject index found in some of the volumes is also alphabetical by first letter of surname. The depth of subject indexing varies amoung the volumes.

The outgoing correspondence reflects the nature of the Commission's incoming correspondence, from routine form letters to the predominant subject of rates.

This finding aid describes one series of the Railroad Commission of Texas records. See Railroad Commission of Texas: An Overview of Records for more records series.

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Restrictions

Restrictions on Access

None.

Restrictions on Use

The bindings of especially the older volumes are very fragile and must be handled with care. The legibility of many volumes is poor.

Technical Requirements

None.

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Related Material

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Administrative Information

Preferred Citation

(Identify the item), Outgoing correspondence, Rail Division, Railroad Commission of Texas. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession number: unknown

These records were probably transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Railroad Commission of Texas at an unknown date.

Processing Information

Paul Beck, August 1986

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Detailed Description of the Records

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