The Texas Railroad Commission has eliminated general public testimony from its monthly meetings unless a sitting commissioner specifically requests it. This policy change, defended by Commissioner Wayne Christian, replaced a 21-year guarantee of public comment, according to State Rep. Drew Darby. The decision has prompted concern from state lawmakers and will be discussed during a Texas House committee hearing on Sept. 15.
Under the new policy, public comment is restricted to specific agenda items or at a commissioner's discretion. The commission stated it aims for “meaningful, accessible opportunities for public participation” through listening sessions and outreach events, though elected commissioners are not required to attend. Comparable state regulatory agencies, like the Public Utility Commission, continue to offer public comment.
State Rep. Drew Darby, a San Angelo Republican and chair of the House Natural Resources Committee, stressed listening sessions cannot substitute for direct engagement with voting commissioners. He called the change the revocation of a "21-year standing guarantee" implemented without sufficient public input. Rep. Terry Canales, a Democrat from Edinburg, who helped rewrite state open meeting laws for local governments in 2019, has urged extending similar provisions to state agencies next year.
Commissioner Christian defended the 2-1 decision, stating "Public input at the RRC has not been canceled, banned, restricted or censored." He argued the change expands access by modeling it on legislative testimony, offering greater flexibility and reducing the need for travel to Austin. Christian cited low public participation under the old system, noting few unique speakers and some using the forum for campaign promotion.
Transparency experts and Jon Rosenthal, a candidate for Railroad Commissioner, have expressed concern. Rosenthal, an oil field engineer and current state representative, called the move an "egregious attack on Texans’ right to address their duly elected Railroad Commissioners" and vowed reversal if elected. Virginia Palacios, an Executive Director, suggested that if participation was low, allowing public input at every open meeting should not be problematic.
The Railroad Commission oversees the state’s oil and gas industry. Experts confirm the change does not violate state open meeting rules, as the law doesn't require government agencies to hold public comment. However, the commission is the first known state regulatory agency to revert a policy meant to give the public a dedicated opportunity to engage with its presiding officers.
The Sept. 15 House committee hearing will address the policy and its implications for public access to the state’s oil and gas regulatory body.
