Railroad Commission of Texas. Transportation Division:

An Inventory of Special Authority Orders at the Texas State Archives, 1894-1935

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

These records consist of the special authority orders issued by the Railroad Commission of Texas (usually printed, some typed), correspondence between the Railroad Commission and railroad companies concerning requested changes, and internal memos discussing the requested changes, dating 1894-1935. Most railway lines operating in Texas during this time period (1894-1935) are represented. Archives staff were unable to order the records in a strict chronological sequence because it was not known what materials were attached together--any paper fasteners used originally in these records had been removed before they were sent to the State Archives.

Special authority orders were issued by the Railroad Commission generally in response to requests from railway companies for a change in rates or regulations. The Commission established rates and regulations for the railroad companies and announced the rates, etc. through printed circulars (known as tariffs), sometimes writing particular companies if the situation warranted it. Railroad companies often requested a change in rates or regulations for special circumstances by applying directly to the Railroad Commission for a special order which would grant their requests. Situations which led to such requests included transporting circuses and other such shows between towns, a change in the economy of a particular region, or a sudden increase in the usage and needed transportation of a particular product, such as transporting granite from Granite Mountain in Central Texas to Beaumont for use in building jetties at Sabine Pass. The Railroad Commission, if it approved the requested change, would issue a special authority order announcing the rate or regulation change, describing the situation in which the change was applicable.

This finding aid describes a single 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

None.

Technical Requirements

None.

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Related Material

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Administrative Information

Preferred Citation

(Identify the item and cite the series), Special authority orders, Transportation Division, Railroad Commission of Texas. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession number: 1990/097

These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Rail Planning/Rail Safety Division of the Railroad Commission of Texas on March 6, 1990.

Processing Information

Laura K. Saegert, August 1990

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Detailed Description of the Records

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