Two Republicans compete for Railroad Commission as pivotal year approaches

Fort Worth Star-Telegram—February 22nd, 2010

The agency that helped kindle the Barnett Shale natural gas boom is headed for a transformational year.

Its chairman is up for election in November, with a challenger in the Republican primary and a Democrat running in the general election. And once that’s over, the commission is scheduled for a sunset review during the 2011 legislative session.

The Railroad Commission regulates Texas’ oil and gas industry. It is governed by three commissioners, who are elected statewide. Over the last decade, the commissioners wrote critical rules on well spacing and density that allowed the development of the Barnett Shale — a huge natural gas field that lies under Fort Worth and about 15 surrounding counties.

But the agency has also been severely criticized for its lack of inspection staff and the appearance that it ignores the rights of landowners and the environmental problems caused by oil and gas drilling.

The two challengers running against Republican Chairman Victor Carrillo say he’s responsible for some of those problems.

“We’ve got too many career politicians and lawyers,” said David Porter, who is running in the Republican primary. “I’ve never drawn a government paycheck.”

Jeff Weems, who is uncontested in the Democratic primary, said the commission missed a change to balance the need for environmental stewardship as the Barnett Shale was being developed.

“The time to develop sensible regulations and engage in active monitoring of water use, injection wells, noise and emission concerns, inner city drilling and gathering line locations was years ago,” Weems said.

“The commissioners must undertake immediately a comprehensive review of all of the rules and regulations for Barnett Shale activities that affect the communities there.”

A 2008 state audit found that about 40 percent of the oil and gas wells in Texas had not been inspected in five years.

More recently, residents in North Texas have questioned whether the Railroad Commission has done enough to investigate complaints of water pollution from gas drilling in the Barnett Shale, although commission staffers say there’s no evidence that drilling has contributed to water pollution.

Carrillo defended the agency’s record.

“Do things happen? Absolutely. And when we’re made aware of them, we go out and try to put a stop to them,” he said. “In terms of just going out randomly and starting to test for groundwater pollution, I’d have to have a lot more information.”

Carrillo said he favors hiring more inspectors and hopes that the state sunset review leads to changes.

“But we are creatures of the Legislature,” he said. “We can’t do it unless the Legislature says we can do it.”

No Democrat has served on the commission since 1994. But in 2008, a relatively unknown named Mark Thompson drew 44 percent of the vote against then-Chairman Michael Williams.

Carrillo, an attorney and former geologist, is the highest-ranking Hispanic official in Texas. He’s an outspoken proponent of oil and gas drilling and the Barnett Shale.