August6,1976

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 theAdministrative 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 theAdministrative Procedure and Texas Register Act, article 6252-13a, V.T.C.S. The statute, which was effective on January 1, 1976, requires .a11administrative agencies to follow adetailed notice and hearing procedure "prior to the adoption of any rule." Sec. 5. A "rule" isdefined as:

[A]nyagency statement of general applicability that implements, interprets, or prescribes law orpo$icy, o,rdescribes theprocedure or practice requirements of an agency. The term includes the amendment or repeal of aprior 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.3620The Honorable Ben Ramsey -page 2 (H-858)

When the shortest highway route between noints. asherein above provided, is not traversable orpractical touse, then - the highway mileage shall be computed on the basis of themileage from origin to destination over the routes used, computed from map attached to themileage guide referred to~herein. When rates are assessed under theprovision 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 bemade utilizing the shortest highway route between points when that route isnot available to carriers because certain bridges on that route are subject toweight limits of 21,000 pounds. Rssentially, the request requires a formal ruling as to whether "not . . .practical touse" includes a situation in which thevehicle isprohibited from using the shortest route by virtue of itsweight. We believe that such a ruling would be embraced within the definition of "rule" in section 3(7), since itwould apply generally toallvehicles whose weight exceeded themaximum weight limits on anyparticular "shortest route," and since itwould "interpret" apreviously adopted Commission order. Thus, in our opinion, the Commission would be required, before issuing such a ruling, to comply with 'theprocedures outlined in section 5of a,ticle 6252-13a. SUMMARY The Railroad Commission is required to comply with the notice andhearing procedures of article 6252-13a, V.T.C.S.,

p.3621The Honorable Ben Ramsey -page 3 (H-858)

in order to issue a formal declaratory ruling which requires an interpretation of apreviously adopted Commission rule. Very truly yours,

Attorney General of Texas APPROVED:

i,. ~ Opinion:.Committee .~... .-. -. 'jwb

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