Morgan Express, Inc. v. Railroad Commission

749 S.W.2d 134, 1987 Tex. App. LEXIS 9269, 1988 WL 18939
CourtCourt of Appeals of Texas
DecidedDecember 23, 1987
DocketNo. 3-87-088-CV
StatusPublished
Cited by4 cases

This text of 749 S.W.2d 134 (Morgan Express, Inc. v. Railroad Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Morgan Express, Inc. v. Railroad Commission, 749 S.W.2d 134, 1987 Tex. App. LEXIS 9269, 1988 WL 18939 (Tex. Ct. App. 1987).

Opinion

POWERS, Justice.

The judgment of the district court upholds a final order of the Texas Railroad Commission establishing a tariff or schedule of rates and charges applicable to the intrastate transportation of packages by United Parcel Service, Inc. (“UPS”), a motor carrier subject to Commission regulation. In an appeal brought by numerous competing carriers, we will affirm the district-court judgment.1

UPS filed in the Commission an application to establish a tariff of official rates, charges, and rules for the transportation of [136]*136general commodities between all points in Texas. Examiners held hearings on the application and eventually recommended, in their proposal for decision, that the application be granted with a few minor changes. Thereafter, the Commission, over the dissent of one of its members, issued a final order establishing the tariff and adopting the majority of the proposed findings of fact and conclusions of law, together with additional findings of fact made by the Commission. The Commission unanimously denied the motion for rehearing and the order became final for purposes of judicial review.

Appellants sued for judicial review pursuant to Tex.Rev.Civ.Stat.Ann. art. 911b, § 20 (1964) and Tex.Rev.Civ.Stat.Ann. art. 6252-13a, § 19 (Supp.1987) (hereinafter “APTRA”), praying that the Commission’s findings, conclusions, and decision be reversed and the cause remanded to the Commission. The district court sustained the agency order and from that judgment appellants bring this appeal.

MOTOR-CARRIER RATEMAKING IN THE COMMISSION

The Legislature entrusted to the Commission the power, authority, and duty to “supervise and regulate” the commercial carriage of freight by motor vehicle within the State. Tex.Rev.Civ.Stat.Ann. art. 911b, § 4(a) (Supp.1987). To that end, the Commission exercises three basic regulatory functions: (1) licensing; (2) rulemaking; and, (3) establishing official amounts that the carriers must charge for their services.2

Concerning the ratemaking function, the Legislature has directed that the Commission “fix, prescribe or approve the maximum or minimum or maximum and minimum rates, fares and charges of each motor carrier in accordance with the specific provisions herein contained_” Art. 911b, § 4(a). We are able to ascertain only two such “specific provisions”: (1) the Commission must “establish collective rate-making procedures for all commodities and services for which it prescribes rates, charges, and classifications....”; and, (2) these procedures must enable the Commission to ascertain “the respective revenues and costs of carriers engaged in the transportation of the particular commodity or service for which rates are prescribed_”

Art. 911b, § 4(a).3 Beyond these two provisions, the Legislature appears to have giv[137]*137en the Commission the widest discretion in the techniques and procedures it may employ in arriving at the official rates and charges necessary to accomplish the objectives of the Legislature: providing a complete system of transportation services sufficient for the needs of the State as a whole and the protection of that system from unfair, discriminatory, or destructive competition that might impair its usefulness. Oil Field Haulers Ass’n v. Railroad Commission, 381 S.W.2d 183, 192-195 (Tex.1964); see also art. 911b, § 22b (“Declaration of Policy”).

In addition to giving the Commission great discretion in ratemaking, the Legislature has contemporaneously furnished the agency with the means and facilities necessary to perform that function intelligently and expertly. See, e.g., art. 911b, § 13b (Commission may require carriers to maintain accounting systems and make reports), §§ 14, 15 (Commission may compel attendance of witnesses at hearings), and § 19 (Commission may employ experts in addition to regular staff).

Ratemaking may be an enormously complicated matter requiring the Commission to ascertain the existence, absence, and interaction of any number of factors. These factors may vary from case to case and from time to time, requiring perhaps a different orchestration in each instance. Such factors might be: the value of a carrier’s properties devoted to common-carrier service; its earnings and expected earnings; its costs and expected costs; the mileages involved in a particular service; the kind, value, and volume of traffic; how fixed and variable costs are to be fairly distributed and recovered; the times and frequency of shipper demand; the variables of competition; and, so forth. Angelina & Neches River Ry. Co. v. Railroad Commission, 246 S.W.2d 928, 931 (Tex.Civ.App.1952, no writ); S. Breyer, Regulation and Its Reform, at 36-59 (1982).

We may infer a few precepts from the reported judicial decisions that deal with the Commission’s exercise of the ratemaking function. The competitive relationship between rail and motor carriers must be considered where applicable, that being a factor important to the legislative purpose of creating a complete transportation service throughout the State. Oil Field Haulers Ass’n v. Railroad Commission, supra. Rates should be fair and nondiscriminatory between shippers similarly situated and between geographical locations; they should be based upon the carrier’s cost of operation plus fair profit. Id. The Commission’s discretion does not extend so far as to permit official rates that are “confiscatory” or force the carrier to recover something less than a reasonable return on its investment in properties devoted to common-carrier service. Texas & New Orleans Railroad Co. v. Railroad Commission, 155 Tex. 323, 286 S.W.2d 112, 117 (1955).

Wasteful and fruitless attempts at perfection are neither expected nor required in ratemaking, however, and the Commission is permitted to set “uniform rates based on operating costs and revenue requirements of a representative sample of the carriers, even though the rates may be noncompensatory to some of the carriers because of their higher costs of doing business.” Railroad Commission of Texas v. Southern Pacific Transport Company of Texas and Louisiana, 649 S.W.2d 713, 714 (Tex.App.1983, no writ) (emphasis added). Moreover, the Commission has discretion to employ an “operating ratios method” for setting rates — that is, a formula comparing costs to revenues — provided there is reasonable support in the evidence for choosing that formula and the sums therein. Texas Industrial Traffic League v. Railroad Commission, 683 S.W.2d 368, 369 (Tex.1985). See generally Note, Current Problems, Administrative Government in Texas, 47 Tex.L.Rev. 805, 828-835 (1969).

How the Commission exercises its discretion in a particular rate proceeding is governed by the rule of reasonableness in light of the legislative objectives behind art. 911b and the two specific ratemaking provisions in § 4(a).

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749 S.W.2d 134, 1987 Tex. App. LEXIS 9269, 1988 WL 18939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-express-inc-v-railroad-commission-texapp-1987.