Railroad Commission of Texas, Rail Division:

An Inventory of Railroad History Files at the Texas State Archives, 1836-1996, undated (bulk 1850-1960)

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 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).

The Railroad Commission regulates the oil and gas industry to prevent the waste of resources and to protect property rights and the environment. It oversees hazardous materials pipelines and natural gas pipelines and distribution systems as well as propane, butane, compressed natural gas, and liquefied natural gas. The Commission licenses and conducts seminars for oil and gas dealers and their employees. It also oversees railroad safety and rail planning; surface mining for coal, uranium, and iron ore gravel; and land reclamation when mining is complete.

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 series contains correspondence, reports, charters, laws, agreements, clippings, articles, publications, photographs, maps, and other materials documenting the history of rail companies in Texas and the role of the Railroad Commission of TExas in railroad regulation and rail history. Dates covered are 1836-1996, and undated, most items dating 1850-1960. According to a RRC staff memo from 1982, the Rail Division staff was encouraged to create an archives of rail company records to preserve the history of the Commission's rail activities. Topics listed in the memo for consideration include when railroad lines were constructed and abandoned, when companies were chartered, a history of the Commission's rail activities, and a history of railroads in Texas. The files gathered in this series cover some of this information.

The bulk of the records are railroad company files prepared for all railroads created and/or chartered in Texas. These railroad company files have information about the line typed or handwritten on the file folder. The information varies from folder to folder with all having the name of the line and usually the date it was chartered or created. Additional data found on many folders includes documentation of name changes of the company, mergers, if/when the line was discontinued or bought out, or similar information. Some of these annotated folders have long paragraphs about the railroad line's history. Items found within the folders may include correspondence on topics such as the history of the line, line abandonment, bonds, operating expenses, audits, etc. Also present in some files are valuation statements, financial or audit statements, copies of charters or other laws, agreements, reports, maps, or Railroad Commission or Interstate Commerce Commission orders or circulars. Not all folders contain records, many just have typed information on the folders. (The railroad company folders were in poor condition and were replaced with new folders during processing. Each folder was photocopied to retain the information found on the original folder.) The first folder in each alphabetical set (A, B, etc.) contains a list of individuals or companies whose last corporate name begins with that letter. The list gives the name, railroad line associated with the name, and a date. Entries are ordered chronologically by date, with dates on the lists ranging from 1915 to 1964.

Following the railroad company files are a group of rail history-related files created by the Railroad Commission to document its rail activities and railroad history. In addition to created and gathered histories, there is correspondence, reports and other materials on topics such as auditor duties, valuation, laws pertaining to railroads, Jim Crow laws, land grants, destruction of rail company records, rail gauges, passenger trains, and Rail Division activities. One interesting single item to note is a resignation letter from the RRC engineer in 1908. Added to the letter are notes by all three RRC commissioners regreating his resignation but understanding why he was leaving (the wages for the state were low and there was little room for professional advancement). Also of interest is a large group of letters from the mid 1940s in the files titled "Jim Crow law" concerning the segregation or lack thereof of white and black passengers into separate compartments on trains and/or the provision of separate but equal facilities to each group.

Two large wallets labeled as "Historical data" or "Historical file "contain a variety of reports, letters, photographs, maps, and other materials relating to Texas rail history, Railroad Commission history, or specific rail companies. Also present are folders of photographs showing railway and freight yards, depots, stations, rail cars and engines, most marked as exhibits (used in either Railroad Commission or Interstate Commerce Commission hearings) and many with docket numbers. There are two photographs especially worth noting - both are circa 1900 views of engines and rail employees. A few maps are in the historical files showing specific rail company lines, track facilities, or county/regional maps showing rail lines within a particular county or region. Few of the maps are marked with exhibit or docket numbers. There is little, none in most cases, printed docket material present with either the maps or the photographs. A small number of railroad company files for newer companies or regarding hearings on issues for specific lines are filed at the end of the historical files. A set of 1988 annual railroad company reports was removed from this accession and transferred to the series Annual reports of railroad companies.

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.

To prepare this inventory, the described materials were cursorily reviewed to delineate series, to confirm the accuracy of contents lists, to provide an estimate of dates covered, and to determine record types.

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Restrictions

Restrictions on Access

None.

Restrictions on Use

Researchers are required to wear gloves provided by the Archives when reviewing photographic materials.

Maps larger than 17 x 22 inches cannot be photocopied.

Technical Requirements

None.

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Related Material

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Administrative Information

Preferred Citation

(Identify the item and cite the series), Railroad history files, Rail Division, Railroad Commission of Texas. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession number: 2000/139

These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Rail Division of the Railroad Commission of Texas on April 12, 2000.

Processing Information

Laura K. Saegert, August 2003

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Detailed Description of the Records