Article X, Section 2 of the Texas Constitution (discussion page)

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Texas Legal Guide ( is currently under construction.

This page is available for comment and discussion regarding the page Article X, Section 2 of the Texas Constitution.

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Trapp v. Shell Oil Co., 198 S.W.2d 424, 438 (Tex. 1946)

R. R. Comm ‘n v. Lone Star Gus Co., 844 S.W.2d 679, 685 (Tex. 1992) (stating that a state agency’s rules must be consistent with state law)

73 SW 529

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The power of the Railroad Commission to act on this matter is limited to the authority granted by the Legislature. The fundamental standards prescribed in the statutes will control. Certain acts were passed which specifically declare the public policy of this state with respect to the development 83 S.W.2d 941 and protection of oil and gas, and established primary standards relating to such policy, and placed the duty upon the Railroad Commission to carry out the details under the general provisions of the statutes. That this is a valid exercise of power is now definitely settled. Trimmier v. Carlton, 116 Tex. 572, 296 S.W. 1070; City of Denison v. Municipal Gas Co., 117 Tex. 291, 3 S.W.2d 794; Shupee v. R. R. Commission, 123 Tex. 521, 73 S.W.2d 505; T. & P. Motor T. Co. v. R. R. Commission, 124 Tex. --, 73 S.W.2d 509; Spears v. San Antonio, 110 Tex. 618, 622, 223 S.W. 166; West Texas Comp. & Warehouse Co. v. Ry. Co. (Tex. Com. App.) 15 S.W.2d 558, 560; City of San Antonio v. Jones, 28 Tex. 19, 33; 6 Ruling Case Law, s 178, pp. 177, 178. In the absence of a well-defined standard or rule in the statutes defining the public policy of the state with respect to the mineral interest, the Railroad Commission would be without authority to promulgate rules, regulations, or orders relating to the protection of oil and gas. The power to pass laws rests with the Legislature, and that power cannot be delegated to some commission or other tribunal. Article 2 and section 1 of article 3 of the Constitution.

Brown v. Humble Oil & Refining Co., 126 Tex. 296, 83 S.W.2d 935, (1935)

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I think now that it is practically universally conceded that the Legislature of Texas could have created the Rail- road Commission and granted it the power and authority it now has, without the amendment of the Constitution of 1800, and that the only purpose of the amendment was to express in no uncertain terms the demand of the people in protest ago.inst action of the Legislature of 1880 in failing to create an agency to control and regulate the affairs of railroads. It was the culmination of a political situation then ex- isting, expressing a demand of the people, which the Legislature could not in· definitely ignore page 320