The Laws of Texas, 1931-1933 [Volume 28] Page: 67 of 2,111
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FORTY-SECOND LEGISLATURE-FIRST CALLED SESSION. 59
age tanks or storage facilities for the public for hire, either in
connection with a pipe line, pipe lines, or otherwise, is hereby
declared to be a public utility, subject to the provisions of this
SEC. 2. No such public utility in its operations as such shall
discriminate between or against its patrons in regard to facilities
furnished or services rendered, or rates charged under the
same similar circumstances, in the storage of crude petroleum.
SEC. 3. All such public utilities as herein defined shall within
thirty days after this Act takes effect, or in case of persons,
associations or corporations, hereafter engaging in such business,
before they actually engage therein, file a bond which shall
not exceed Twenty-five Thousand Dollars ($25,000.00), properly
executed, payable to the State of Texas, the amount of such bond
and the sureties thereon to be subject to the approval of the
Railroad Commission of the State of Texas. The amount of
such bond may be changed from time to time by order of the
Railroad Commission, after notice and hearing as prescribed
by Article 6038, Revised Civil Statutes, in accordance with the
volume of business done, or to be done, by such public utility
and such bond or securities in lieu thereof as provided by Article
836 of the Revised Civil Statutes of Texas, shall be approved
by the Railroad Commission before it is filed. Such bond shall
be conditioned that the utility will observe the provisions of
this law and the rules of the Railroad Commission in so far as
its business is regulated and controlled by such Commission, and
that the utility will exercise ordinary care in the storage, preservation,
handling and delivery of all petroleum products entrusted
to it and shall guarantee the classification, measurements
and grades made by such public utility, under its authority
in conformity herewith. The bond shall be for the benefit of
the patrons of such utility and their assignees as though they
were named obligees therein and they shall severally have the
right of suit thereon.
SEC. 4. The Railroad Commission of Texas shall establish
and enforce rules and regulations governing the character of
facilities to be furnished by such utilities, the forms of receipts
to be issued by them, the rates, charges and regulations for the
storage of crude petroleum by such public utilities in respect to
their storage facilities and for the inspection, grading, measurement,
deductions for waste or deterioration, the delivery of such
products, and it shall also exercise such power upon petition of
any person showing a substantial interest in the subject matter
SEC. 5. Any such public utility shall have a lien on the
commodity in its possession to secure it in the payment of all
proper storage charges against such commodity, and/or the
transporation charges accrued to or paid or advanced by it,
superior to all other liens thereon, except lien for taxes.
SEC. 6. Every common carrier of crude petroleum within
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1931-1933 [Volume 28], book, 1933; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth17293/m1/67/: accessed January 21, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .