Lapas attēli
PDF
ePub

an

on

as

or

by purchase, lease or otherwise, and shall give the utility or utilities and may own, hold, maintain, use and other parties affected twenty days operate any plant, line or system of written notice of the time and place any other gas utility provided, that of the hearing, and ten days written if such plant, line or system, or any notice of the time and place of such part thereof, of such other utility is hearing when the matter shall rein competition with the plant, line late to the rules, regulations, classior system, or any part thereof, offication or practices of such utility such first utility, then the consent or utilities or other matters, but if and approval of the commission, to the hearing shall relate to both subbe based upon its finding that the ject matters the commission may, at public will suffer no detriment, to its discretion, enter order or be duly entered of record its severance with respect thereto and minutes, shall be first obtained, and set down for hearing the matters relikewise and under like limitations spectively, after notice herein any public utility may sell, lease or provided, but in each case the notice otherwise dispose of any plant, line shall advise the utility affected, in or system.

a general way, of the matter Sec. 20. No gas utility subject to matters to be considered for decision. the control of the commission shall, Section 22. On every hearing by directly or indirectly, by any device this Act provided for, any public whatsoever, or in any wise, charge, utility, municipality or other pardemand, collect or receive, from any ties affected, shall be entitled to be person, company, the public or any heard and to introduce evidence. member thereof, a greater or less or Evidence may be given by deposition, different compensation for any com- and the rules and practices for takmodity or for any service rendered ing depositions provided for the or to be rendered by such utility than district courts shall be followed as is charged, demanded, collected or near as may be, the Secretary of the received by such utility from any commission acting in lieu and with other person, company, the public or the powers of the district clerk. All any member thereof, for a like con- evidence introduced on any hearing temporaneous service under substan- shall, upon the request of either tially similar circumstances and con- party, be promptly reduced to writditions, to be judged by the commis-ling, and at the conclusion of the sion, but rates, charges or rentals. hearing, together with copies of all rules, regulations, classifications and depositions and documentary evipractices approved and authorized by dence, certified to by the Secretary the commission shall not be con- of the commission under its seal, strued to be in violation hereof or and he shall on request of any of the laws of this State.

party to the hearing promptly furSec. 21. For the purpose of de- nish copies thereof for a reasonable termining and deciding the matters charge, not to exceed the fees aland things specified in the

provi- lowed district clerks for similar sersions of this Act including the ascer-vices, under his certificate and the tainment of the past and the present seal of the commission. The comvalue of the property necessarily and mission shall make and file its findessentially used and useful in and ing in writing upon all matters reledevoted to the public service of such vant to its decision or order upon utilities, and the determination of the which evidence has been introducd. rates, charges, or rentals, the rules, The findings, opinion, decision regulations, classifications and prac-order of the commission shall be in tices which may be demanded, col-, writing and a copy thereof shall be lected, had or received, established or served in such manner as may be observed and followed, it shall be provided by rule of the commission requisite that the commission shall on all parties to the hearing affected cause a fair and adequate hearing or thereby at least twenty days if the hearings to be had at such time or same shall relate to or effect any times and place or places as

the rate, charge or rental and at least commission the commissioner ten days if the same shall relate to conducting the same may designate. or affect any rule, regulation classiWhen the matter shall relate to the fication or practice or other matter, rates, charges or rentals

of such before the same shall become efutility or utilities, the commission fective, but any party affected by the

or

or

or

neces

findings, decision, opinion order ceedings before the commission may, of the commission may waive such at any time within thirty days folservice.

lowing the filing with the secretary Sec. 23. All proceedings and in- of the commission of any finding, vestigations by the commission or a opinion, decision or order of the commissioner shall be by public hear-commission, make application for ings, and shall be regarded and con- rehearing, and the same

may be ducted not as contests, but as fuli, amended, upon leave from the comfair and impartial investigations. mission. It shall be the duty of the The procedure and practice shall not commission to decide such motions be technical, and all hearings

and within sixty days from the date of proceedings shall be conducted with filing. If rehearing be refused, the the single purpose of arriving at the commission shall, within ten days, real merits of the petition, applica- give notice thereof, as is the case of tion, complaint or other matter be- original opinions, to all parties to the fore the commission. The commis- proceeding. If rehearing be granted sion may, whenever deemed desir- and final order be not then made, and able, instead of setting any matter or further argument and further hearmatters for formal hearing, presenting on the facts be deemed the same informally to the party, or sary, the commission shall set such parties. affected, for consideration, matter for immediate hearing, and suggestion or explanation, but nö shall give all parties to such case order adverse to any party shall

be not less than ten days notice of such made or entered without the consent setting, provided, that upon applicaof such party, except after notice and tion of any party to such proceedings hearing as elsewhere herein provided. such hearing or hearings may, for

Sec. 24. The commission shall have good cause shown, be continued or power to adopt and publish rules not postponed, but not so as to unreasinconsistent herewith to govern

its onably delay final action. The comproceedings with respect to the

mission shall make and file its findutilities subject in any way to its ings, opinion, decision and order on jurisdiction, and

to

regulate the such rehearing within sixty days mode and manner of all investiga- after the hearing, if any, is had, is tions and hearings, provided, that no concluded and cause to be served on person desiring to be present at any all parties to such proceedings hearing by the commission shall be copy of its findings, opinion, decision denied admission.

and order within ten days after Sec. 25. The Chairman of the

same are filed. commission, the secretary and each

Section 27. Any party to any procommissioner, for the purpose

of ceedings before the commission disthis Act, shall have power to admin-satisfied with any finding, opinion, ister oaths, and to certify to all of- decision, rule, regulation or order of ficial acts, and the commission and the commission, may as he or it may each commissioner shall have power

elect, which procedural remedies to compel the attendance of witnesses shall be exclusive, appeal therefrom: on subpoena or notice in such form as (a) To the Court of Civil Apmay be provided by the Commission, peals having jurisdiction of appeals and the giving of testimony; to con- from the district court of Travis duct hearings or any part thereof County, Texas. herein provided for within or with- (b) No right of appeal from or out the State; to require and pro-judicial review of any order or devide that all property, books, cision of the commission shall be alvouchers and accounts or other rec- lowed before the complaining party ords and memoranda may be in- shall have exhausted his or its remespected by the commission or under dies before the commission. its direction, and that copies there- Such appeal shall be perfected by of and photostats may be furnished to filing with the commission on or beor taken by the commission, and the fore thirty days after service of commission and each commissioner copy of such findings, opinion, decishall have power to punish for con- sion or order of the commission, notempt as fully as may be provided tice that it will take such appeal, toby law for the district and county gether with bond for cost payable to courts.

the State of Texas for the benefit of Sec. 26. Any party to any pro-l all parties interested therein, unless

a

a a

ac

rors

or

by general or special law exempt of the record where they may be found therefrom, such bond to be in the and such arguments and authorities sum of one thousand ($1,000.00) and such prayer as appellant shall dollars, provided that if, in the judg- deem proper. Such brief need not folment of the commission, larger low technical forms, but shall be sufbond is required, the commission may ficient if it clearly presents the matso order, fixing the amount which ters to be decided by the Court. shall not exceed ten thousand ($10,- Section 29. Within sixty (60) days 000.00) dollars, and the party so after the filing with the Commission appealing shall, within ten days after of the appellant's briefs as aforesaid, the service upon it of such order, unless, for good cause shown, the time substitute for its said one thousand is extended by the Court, the Com($1,000.00) dollar bond another bond mission or any party to the proceedin the amount required by the com- ings before the Commission, other than mission. Such notice shall be the appellant, shall file four copies of companied by an assignment of er- its brief, if any, in such Court, and

specifically formulating the shall deliver four copies to the appelpoints that will be relied on by the lant, and if such brief be filed other party appealing. Upon the filing of than by the Commission, ten copies such notice and assignment

shall be filed with the Commission. errors on appeal, and bond, if bond

Section 30. Such appeal shall take is required, or larger bond is so or- precedence in such Court over all apdered, the secretary of the commis- peals of a different nature, except apsion shall at once prepare, in dupli peals, relating to interlocutory orders cate, under his hand and certificate granting or refusing or dissolving or and under the seal of the

refusing to dissolve temporary restrain

commission, a complete transcript of all the ing or refusing to appoint receivers,

ing orders or injunctions or appointproceedings and evidence in such case, and if the business and terms of the unless by agreement of all parties, Court will permit, shall be set for portions thereof are omitted, and shall, within thirty days from

hearing and heard within sixty days filing of such notice of appeal, de-expired.

the after the time for filing briefs has liver both copies to the party

Section 31. The Courts of Civil parties taking the appeal and

one Appeals aforesaid, and such court as copy thereof shall be filed in the the cause may be transferred to, if said Court of Civil Appeals within any, shall have jurisdiction of such sixty days after said notice of ap-appeal and shall review the case on peal is filed with the commission, un- the briefs and upon so much of such less the time for so doing shall be record as involved in the matters and further enlarged by the court, and points presented by the briefs,

and the clerk of the said court shall re-shall review and decide all questions ceive the same and docket the cause; of law and fact so relied on and the and if not filed within said time, or reasonableness, correctness and justice as extended, the appeal shall be of the findings, opinion, decision and held to have been abandoned and order of the Commission in respect without further effect.

thereto and may affirm, or modify and Sec. 28. In case of an appeal by any affirm, the action of the Commission party to a proceeding before the Com- or reverse and remand the case in mission, as in Section 27 provided for, part or in whole, to the Commission then within sixty (60) days from the for further hearing or consideration or delivery of such copy of the transcript other proceeding not inconsistent with as aforesaid to the Clerk of said Court the opinion of the Court, provided, of Civil Appeals, unless, for good cause that no case shall be reversed on acshown, the time be extended by the count of the admission of testimony Court, the party taking such appeal before the Commission which would shall file in such Court of Civil Ap- not have been admissible in Court. The peals four copies of its brief and with judgment of the Court of Civil Appeals the Commission ten copies, and if the shall be conclusive in all such cases appeal shall arise out of a complaint on the facts but writ of error shall be by or against a municipality then four allowed to the Supreme Court on quescopies with such municipality. Such tions seasonably presented involving brief shall contain a succinct statement the construction or application of the of the case and of the points relied up- provisions of the constitution of this on by the appellant and such refer- State or of the United States and in ences to the facts and the page or pages other cases as may be provided by law.

or

same
or

or

Section 32. No new or additional any such order, decision or finding of evidence may be introduced in any the Commission, the Commission or proceeding upon appeal from a rule, Court granting

may require regulation, order or decision of the suitable bond other security Commission, issued or confirmed after and may impose such other conditions a hearing, but the appeal shall be heard and requirements as may be deemed on the record of the Commission as adequate and just. certified to by it. The findings and Section 34. No injunction

reconclusions of the Commission on ques- straining order shall issue out of any tions of fact shall be held prima facie Court suspending or staying any order, to be true and as found by the Com- rule, regulation, or decision of the mission; and a rule, regulation, order, Commission under this Act except after or decision of the Commission shall reasonable notice to the Commissionnot be set aside unless it clearly ap- ers and due hearing had on the applipears that the finding of the Commis- cation for such injunction or restrainsion was against the manifest weight ing order; and every other order reof the evidence presented to or before straining or enjoining the Commission the Commission for and against such or the Commissioners shall contain a rule, regulation, order or decision, or specific finding based upon evidence that the same was without the juris- submitted to the Court, and identified diction of the Commission. If it ap- by reference thereto, that great or irpears that the Commission failed to reparable damage would otherwise rereceive evidence properly proffered, sult to the petitioner and specifying on a hearing or on a rehearing, or on the nature of the damage. application therefor, the Court shall Section 35. The pipe line expert proremand the case to the Commission vided for in Section 11 of the Act of with instructions to receive the testi- February 20, 1917, being an act for the mony so proffered and rejected, and regulation of oil pipe lines, shall liketo enter a new order based upon the wise assist the Commission in the perevidence theretofore taken, and such formance of its duties under this Act, new evidence as it is directed to re- and shall receive in addition to the ceive. Rules, regulations, orders of de compensation now fixed by law, not cisions of the Commission shall be to exceed Twenty-five hundred ($2,held to be prima facie reasonable, and 500.00) Dollars per annum, to be the burden of proof upon all issues paid monthly out of the moneys and raised by the appeal shall be upon the funds arising as hereinafter properson or company appealing from such vided. rules, regulations, orders or decisions. Sec. 36. The Commission shall have Upon hearing any such appeal the power to employ and appoint, from Court shall enter judgment either af- time to time, such experts, assistants, firming or setting aside the rule, regu- accountants, engineers, clerks and lation, order or decision of the Com- other persons as it shall deem necesmission.

sary to enable it at all times to inspect When no appeal is taken from a and audit all records of receipts, disrule, regulation, order or decision of bursements, vouchers, prices, pay rolle, the Commission as herein provided, time cards, books and official records, parties affected by such rule, regula- to inspect all property and records of tion, order or decision, shall be the utilities subject to the provisions deemed to have waived the right to hereof, and to perform such other servhave the merits of said controversy ice or services as may be directed by reviewed by a court and there shall the Commission or under its authority. be no trial of the merits of any con- Such persons and employes of the Comtroversy in which such rule, regula mission shall be paid for the service tion, order or decision was made, by rendered such sums at such times and any court to which the application may under such conditions as may be fixed be made for a writ to enforce the same, and prescribed by the Commission, and or in any other judicial proceeding. such salaries, wages and fees shall be

Section 33. A motion for rehearing paid out of the moneys and funds as before the Commission shall stay or in this Act directed. suspend a final order, decision or find- Sec. 37. Each witness who shall ap. ing of the Commission pending a dis- pear before the Commission, or a Com. position thereof, but no appeal shall so missioner at a place outside the county stay or suspend such order, decision of his residence, shall receive for his or finding unless the Commission or attendance Three ($3.00) Dollars per the court shall so provide, and, as a day and three cents per mile traveled condition to any stay or suspension of by the nearest practicable route, in

or

going to and returning from the place the provisions of this Act, on or beof meeting of said Commission or Com-fore the first day of September and missioner which shall be ordered paid, on or before the first day of said upon the presentation of proper vouch-month in each year thereafter, shall ers, sworn to by such witness and ap- file with the Commission a statement, proved by the Commission the duly verified as true and correct by Chairman thereof out of the moneys the President, Treasurer or General and funds arising under this Act, pro- Manager, if a company or by the vided, that no witness shall be entitled owner or one of them, if an individto any witness fees or mileage who is ual or co-partnership, showing the directly or indirectly interested in any gross receipts of such utility for the public utility involved in or concern- annual period ended December thirtying which, in any way, the investiga first next preceeding, or for such portion or hearing, on account of which tion of said period as such utility may he is summoned, shall relate, or who have been conducting any business, is in any wise interested in any stock, and at such time shall pay into the bond, mortgage, security or earnings of State Treasury at Austin, Texas, any such utility, or who shall be the basis Austin, Texas, funds, a sum agent, attorney or employe of such equal to one-fourth of one per cent utility, or any officer thereof, when of the gross income received from all summoned at the instance of such util- | business done within this State durity; and no witness furnished with ing said year, to be designated as free transportation shall receive pay the “Gas Utilities Fund”, but such for the distance he may have traveled utilities shall not be required to pay on such free transportation.

said gross amount on such moneys Sec. 38. In case any witness shall as may be allocated by the Commisfail or refuse to obey a subpoena by sion pending a final decision on any the Commission, or a Commissioner, hearing or investigation authorized the Commission or a Commissioner by the provisions hereof, and then may issue an attachment for such only on such amount thereof as may witness, directed to any sheriff or be adjudged to be or assigned as the any constable of the State of Texas, funds and property of or awarded to and compel him to attend before the the utility. The gross receipts charge Commission any Commissioner herein required to be paid, when thereof, and give his testimony upon paid, shall be allowed as an operating such matters as may be lawfully re-expense. quired of him, and to bring with Sec. 40. The (sum of Thirty-five him and produce examination Hundred ($3,500) Dollars per annum such records, books, vouchers, to each member of the Railroad Commemoranda, true copies thereof, mission of Texas, in addition to their prints and such other matter as may present salaries, and) salary and exbe required, if any, in such subpoena. penses of the "Expert” and of his Should a witness fail or refuse to at- assistants, if any, and the salaries, tend, being summoned, or to answer wages, fees and expenses of every any question propounded to him, or other person employed or appointed to produce any record or data re- by the Commission under the proviquired to be produced by such sub- sions of this Act, and all other expoena, the claim that any such testi-penses, costs and charges, including mony may tend to criminate the per- witness fees and mileage, fees and son giving it shall not excuse such

mileage, incurred by

under witness from testifying or producing authority of the Commission, such records and data, but such evi

Commissioner, in administerdence or testimony shall not be used ing and enforcing the provisions against such person on the trial of of this Act, or in exercising any any criminal proceeding. The sheriff power and authority hereunder, shall or constable executing any process be paid from and out of_the Gas issued by the Commission, or a Com-Utilities Fund by the State Treasurer missioner thereof under the provi- on warrant of the Comptroller of sions of this Act shall receive such Public Accounts, on order or voucher compensation as may be allowed by approved by the Commission or the the Commission not to exceed the Chairman thereof. If the amount or fees prescribed by the law for similar total of such gross receipts charge services.

collected shall not be sufficient, durSec. 39. Except as in this sectioning any annual fiscal period, to pay provided every gas utility subject to such salaries, costs, charges, fees and

or

on

or

or

a

« iepriekšējāTurpināt »