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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of administrative, civil, and criminal |
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penalties for violating certain statutes under the jurisdiction of, |
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rules or orders adopted by, or licenses, permits, or certificates |
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issued by the Railroad Commission of Texas; increasing criminal |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 81.0531(b), (c), and (d), Natural |
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Resources Code, are amended to read as follows: |
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(b) The penalty may not exceed: |
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(1) $25,000 [$10,000] a day for each violation that is |
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not related to pipeline safety; or |
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(2) $200,000 a day for each violation that is related |
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to pipeline safety. |
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(c) In determining the amount of the penalty, the commission |
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shall consider the [permittee's history of previous violations, the |
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seriousness of the violation, any hazard to the health or safety of |
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the public, and the demonstrated good faith of the person charged. |
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In determining the amount of the penalty for a violation of a |
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provision of this title or a rule, order, license, permit, or |
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certificate that relates to pipeline safety, the commission shall |
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consider the] guidelines adopted under Subsection (d). |
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(d) The commission [by rule] shall adopt guidelines to be |
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used in determining the amount of the penalty. The commission shall |
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provide an opportunity for public input on the guidelines [for a |
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violation of a provision of this title or a rule, order, license, |
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permit, or certificate that relates to pipeline safety]. The |
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guidelines must [shall] include a penalty calculation worksheet |
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that specifies the typical penalty for certain violations, |
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circumstances justifying enhancement of a penalty and the amount of |
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the enhancement, and circumstances justifying a reduction in a |
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penalty and the amount of the reduction. The guidelines must |
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provide for different penalties for different violations based on |
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the seriousness of the violation and any hazard to the health or |
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safety of the public resulting from the violation. The guidelines |
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must [shall] take into account: |
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(1) the permittee's history of previous violations, |
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including the number of previous violations; |
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(2) the seriousness of the violation and of any |
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pollution resulting from the violation; |
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(3) any hazard to the health or safety of the public; |
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(4) the degree of culpability; |
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(5) the demonstrated good faith of the person charged; |
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[and] |
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(6) the number of times the permittee's certificate of |
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compliance issued under Subchapter P, Chapter 91, has been |
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canceled; |
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(7) any economic benefit gained through the violation; |
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(8) the penalty necessary to deter future violations; |
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and |
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(9) any other factor the commission considers |
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relevant. |
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SECTION 2. Section 81.058(d), Natural Resources Code, is |
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amended to read as follows: |
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(d) An administrative penalty imposed under this section |
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may not exceed $25,000 [$5,000] a day for each violation. Each day |
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a violation continues or occurs is a separate violation for |
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purposes of imposing a penalty under this section. |
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SECTION 3. Section 91.002(b), Natural Resources Code, is |
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amended to read as follows: |
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(b) An offense under Subsection (a) of this section is |
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punishable by a fine of not more than $25,000 [$10,000] a day for |
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each day a violation is committed. |
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SECTION 4. Section 27.101(a), Water Code, is amended to |
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read as follows: |
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(a) A person who violates any provision of this chapter |
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under the jurisdiction of the railroad commission, any rule of the |
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railroad commission made under this chapter, or any term, |
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condition, or provision of a permit issued by the railroad |
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commission under this chapter shall be subject to a civil penalty in |
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any sum not exceeding $25,000 [$5,000] for each day of |
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noncompliance and for each act of noncompliance. A violation under |
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the jurisdiction of the commission is enforceable as provided by |
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Chapter 7. |
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SECTION 5. Section 27.1011(b), Water Code, is amended to |
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read as follows: |
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(b) The penalty may not exceed $25,000 [$10,000] a day for |
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each violation. Each day a violation continues may be considered a |
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separate violation for purposes of penalty assessments. |
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SECTION 6. Section 27.105(a), Water Code, is amended to |
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read as follows: |
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(a) A person who knowingly or intentionally violates a |
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provision of this chapter under the jurisdiction of the railroad |
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commission, a rule of the railroad commission, or a term, |
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condition, or provision of a permit issued by the railroad |
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commission under this chapter is subject to a fine of not more than |
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$25,000 [$5,000] for each violation and for each day of violation. |
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A violation under the jurisdiction of the commission is enforceable |
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under Section 7.157. |
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SECTION 7. The changes in law made by this Act apply only to |
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a violation committed on or after the effective date of this Act. A |
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violation committed before the effective date of this Act is |
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governed by the law in effect when the violation was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, a violation was committed before the |
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effective date of this Act if any element of the violation was |
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committed before that date. |
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SECTION 8. This Act takes effect September 1, 2021. |