August 6, 1976 

The Honorable Ben Ramsey 

Chairman 

Opinion No. R-858 

Railroad Commission of Texas 

P. 0. Box 12967 

Austin, Texas 78711 

Re: Whether the Railroad 

Commission may issue 

declaratory rulings without 

hearing and notice under 

the Administrative Procedure 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 applicability that implements, interprets, 

or prescribes law or po$icy, o,r describes 

the procedure or practice requirements of 

an agency. The term includes the amendment 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 Commissxon: 

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,.~ Opinion:.Committee .~... .-. 

-. 

'jwb 

p. 3622