The historic midterm elections in Texas will have wide-ranging implications for the state agencies that oversee environmental permitting and the oil and gas industry.
The Texas Railroad Commission has a new Democratic commissioner for the first time in over three decades, which could be a deciding vote when the two sitting Republican commissioners disagree. The Texas Commission on Environmental Quality (TCEQ) could see at least two new commissioners appointed by Governor-elect Gina Hinojosa.
“I think the work that we’ve been doing to advance environmental policy in Texas has never had a greater opportunity to succeed,” said Kathryn Guerra, director of Public Citizen’s TCEQ watchdog campaign. “We’re very optimistic about changing the leadership of the state agencies (and) directing those state agencies to work in the best interests of Texans instead of… corporations.”
The three commissioners currently leading TCEQ were all appointed by Gov. Greg Abbott. Chairwoman Brooke Paup was appointed in January 2025; her term expires in August 2027, within Hinojosa’s first year as governor. Commissioner Catarina Gonzales was appointed in February 2024 and her term expires in August 2029.
The newest commissioner, Tonya Miller, was appointed in October 2025; her stint expires in August 2031, past Hinojosa’s first term as governor. However, Guerra said Miller was never officially confirmed by the state Senate.
“So folks are thinking… this is an opportunity for the new governor to appoint somebody who could better protect Texans from environmental harms,” Guerra said. Another possibility is to ask the commissioners for their resignations. Hinojosa has not indicated she will make this move.
Environmental activists often criticize the agency for “rubber-stamping” permits they say cause pollution. A 2023 state legislative report found TCEQ needs to improve transparency and opportunities for public input. The report also suggested the agency needs to remedy its monitoring and enforcement processes.
“[These] results show that experience and good governance matter,” Rosenthal said in a statement on social media on election night. “I am humbled and honored by the faith placed in me by the people of Texas, who have sent the message that the politics of hate and division do not win in the Lone Star State.”
Commission Shift, a nonprofit watchdog group, called Rosenthal’s election “historic.”
“We have a railroad commissioner… who was not the oil and gas industry’s pick to win the seat,” said executive director Virginia Palacios. “I think this upset by Democrats could communicate to the sitting Republican… commissioners that they need to focus more on what constituents want and less on what their oil and gas industry campaign donors want.”
Rosenthal, a career oilfield engineer, joins two Republican commissioners, Wayne Christian and Christi Craddick, who don’t always see eye to eye. For example, Craddick voted against the agency’s recent decision to eliminate public comment during open meetings while Christian voted for it.
Rosenthal’s proposed policies are novel for an agency that’s usually viewed as friendly to the oil and gas industry. They include ending routine gas flaring, suspending new permits for operators with chronic violations, and raising surety bonds, a financial commitment that operators will follow regulations.
Palacios said she’s also watching how the election of Democrat Nathan Johnson as attorney general may influence recusals on the Railroad Commission.
“In Texas, the attorney general is responsible for overseeing how recusal policies are followed at the Railroad Commission,” Palacios said. “Commission Shift previously documented cases where sitting railroad commissioners failed to recuse themselves from decisions that they had a personal financial interest in. [So now] we might see more interest in actually enforcing those policies that are on the books.”
This story is part of a partnership between KERA and Grist, a nonprofit environmental media organization.
Celeste Guajardo is the Climate, Energy and Environment reporter for KERA and Grist. Got a tip? Email her at cguajardo@kera.org.
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