Railroad Commission Plans to Restore Standing Public Comment at Its December Meeting

The Texas Railroad Commission plans to restore a standing public-comment item at its regular open meetings, Railroad Commissioner Wayne Christian said in a letter described Tuesday by The Texas Tribune.

The change has not been adopted yet. The agency's current Public Engagement and Participation Policy, adopted by commission order on Aug. 18, 2026, is still the posted policy. Christian told state Rep. Drew Darby, R-San Angelo, that the commission will revise that policy at its December meeting, the Tribune reported.

"Going forward, every regular open meeting will include a standing agenda item allowing for general public input on matters within the Commission's jurisdiction that have not been specifically posted for consideration at that meeting," Christian wrote, according to the Tribune. Dock Line has not independently reviewed the letter.

The commission has scheduled its December open meeting for 9:30 a.m. Tuesday, Dec. 15, at the William B. Travis State Office Building, 1701 N. Congress Ave. in Austin, according to the agency's meeting notice. As of this writing, no agenda for that date is posted on the notice, and the August policy has not been replaced.

What the August policy actually changed

Under the August policy, general comment on matters not listed on the agenda is not automatic. "The Commission may, at the request of any Commissioner, include on an open meeting agenda an item for public comment," the policy says. When that item is included, people may address the commission on matters within its jurisdiction that are not specifically posted for deliberation at that meeting.

Comment on items that are on the agenda is also limited. People who want to speak on a posted item must register in advance, and they "may speak on that item only if specifically requested to do so when that item is pending before the Commissioners." The policy says a person "may not make a verbal request to comment or provide information at or during the open meeting." Public comment "may not be used to discuss any matter currently pending before the Commission, such as pending contested cases, rulemaking proceedings, permit applications, or inspection and enforcement matters."

The same document replaced a guaranteed general-comment slot with other forms of outreach, run mainly by staff. The Office of Public Engagement is to hold listening sessions no less than 12 times in a calendar year, in person and/or virtually, "scheduled, hosted, managed, and attended by OPE staff." Those sessions are to be held at the Travis building, with registration required and time limits allowed. The office is also to host outreach events around the state. Elected commissioners are not required, in the text of the policy, to attend those sessions.

The Tribune said commissioners in late August voted to suspend a two-decade policy that had allowed the public to testify on matters not related to items on the agenda. Dock Line is relying on the Tribune for that history of the prior practice; the August order is the policy now on the agency's site.

Oversight, then a truce

Darby, who chairs the House Committee on Energy Resources, announced the planned restoration in a news release Tuesday, the Tribune reported. "After the change in August, numerous constituents called my office, expressing serious concerns with removal of the standalone comment period," he said, according to the Tribune.

In a letter to Christian, Darby said that because the commission intends to restore the standing item at the December 2026 open meeting, his committee "will not convene another oversight hearing related to this topic." He also said the rest of the new policy should be kept. "Restoring standing public comment does not mean discarding the rest of the new policy. Its other features, including the listening sessions, are worthwhile additions that should be kept," he wrote, according to the Tribune.

The Tribune said Texas law exempts state agencies and the legislative and executive branches from being required to take public comment. Dock Line has not independently cited the statute. A comment period is still a choice about whether people who live with the consequences of oil, gas and pipeline decisions can speak, in the open, to the three people who vote.

A new commissioner is on the way. We covered that race in Jon Rosenthal Wins a Seat on the Texas Railroad Commission, the First Democrat in 36 Years. The December meeting, if it is held as scheduled, will come before the new year.

A letter is not a revised policy

Staff listening sessions can be useful. They are not the same thing as a standing chance to address the commissioners who actually vote, and Darby was right to draw that line. The August policy left general comment to a commissioner's request. A standing agenda item would put the public back on the calendar without waiting for an invitation.

That item has not been placed on a posted December agenda yet, and commissioners have not voted to revise the August order. They should do what Christian's letter said they will do, in public, and keep the record clear. Texans can show up and test whether the restored slot is real.

Proverbs 18:13 says, "He that answereth a matter before he heareth it, it is folly and shame unto him." A regulator that hears from the public before it acts is not weakening the energy industry. It is doing its work in the light.