August 6, 1976
The Honorable Ben Ramsey Opinion No. R-858
Chairman
Railroad Commission of Texas Re: Whether the Railroad
P. 0. Box 12967 Commission may issue
Austin, Texas 78711 declaratory rulings without
hearing and notice under
the Administrative Pro-
cedure and Texas Register
Act.
Dear Mr. Ramsey:
you have requested our opinion regarding the authority
of the.Railroad Commission to issue formal declaratory rulings
without notice and hearing under the Administrative Procedure
and Texas Register Act, article 6252-13a, V.T.C.S. The
statute, which was effective on January 1, 1976, requires
.a11 administrative agencies to follow a detailed notice and
hearing procedure "prior to the adoption of any rule."
Sec. 5. A "rule" is defined as:
[A]ny agency statement of general appli-
cability that implements, interprets,
or prescribes law or po$icy, o,r describes
the procedure or practice requirements of
an agency. The term includes the amend-
ment or repeal of a prior rule but does
not include statements concerning only the
internal management or organization of any
agency and not affecting private rights
or procedures. Sec. 3(7).
You state that the Railroad Commission has been asked
to issue a formal written ruling regarding the following tariff
p5ovision, previously adopted by formal order of the Commis-
sxon:
p. 3620
The Honorable Ben Ramsey - page 2 (H-858)
When the shortest highway route between
noints. as herein above provided, is
not
- traversable or practical to use, then
the highway mileage shall be computed on
the basis of the mileage from origin to
destination over the routes used,
computed from map attached to the mileage
guide referred to~herein. When rates
are assessed under the provision of this
note, freight bill or invoice rendered shall
contain a statement explaining why the
short route cannot be used. Railroad
Commission of Texas Motor Freight Commodity
Tariff No. 7-M, Item 25, Note l-(a).
(Emphasis added).
/ The request inquires whether or not distance computations
should be made utilizing the shortest highway route between
.- points when that route is not available to carriers because
certain bridges on that route are subject to weight limits
of 21,000 pounds.
Rssentially, the request requires a formal ruling as to
whether "not . . . practical to use" includes a situation in
which the vehicle is prohibited from using the shortest route
by virtue of its weight. We believe that such a ruling would
be embraced within the definition of "rule" in section 3(7),
since it would apply generally to all vehicles whose weight
exceeded the maximum weight limits on any particular "shortest
route," and since it would "interpret" a previously adopted
Commission order. Thus, in our opinion, the Commission
would be required, before issuing such a ruling, to comply
with 'the procedures outlined in section 5 of a,ticle 6252-13a.
SUMMARY
The Railroad Commission is required to
comply with the notice and hearing
procedures of article 6252-13a, V.T.C.S.,
p. 3621
The Honorable Ben Ramsey - page 3 (H-858)
in order to issue a formal declaratory
ruling which requires an interpretation
of a previously adopted Commission rule.
Very truly yours,
Attorney General of Texas
APPROVED:
i,.
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.-..~Opinion:.Committee
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p. 3622