By West H.B. No. 844
1-1 A BILL TO BE ENTITLED
1-2 AN ACT
1-3 relating to the increase in civil penalties for violation of
1-4 pipeline safety standards.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 6053-1(C), Vernon's Civil Statues, is
1-7 amended to read as follows:
1-8 (C) The Attorney General is authorized, on behalf of the
1-9 Railroad Commission, to enforce said safety standards by injunction
1-10 restraining violations thereof (including the restraint of
1-11 transportation of gas or the operation of a pipeline facility).
1-12 Any violation of such safety standards shall further be subject to
1-13 a civil penalty, payable to the State of Texas, in an amount not to
1-14 exceed $25,000 <$10,000> for each such violation for each day that
1-15 such violation persists, except that the maximum civil penalty
1-16 shall not exceed $500,000 for any related series of violations.
1-17 Any such civil penalty may be compromised by the Attorney General
1-18 in consideration of the appropriateness of the penalty to the size
1-19 of the business of the person charged, the gravity of the
1-20 violation, and the good faith of the person charged in attempting
1-21 to achieve compliance after notification of violation.
1-22 SECTION 2. Section 117.051, Natural Resources Code, is
1-23 amended to read as follows:
2-1 Sec. 117.051. Civil Penalty. A person who violates this
2-2 chapter or a rule adopted by the commission under this chapter is
2-3 subject to a civil penalty of not less than $50 nor more than
2-4 $25,000 <$10,000> for each act of violation and for each day of
2-5 violation, provided that the maximum civil penalty that may be
2-6 assessed for any related series of violations may not exceed
2-7 $500,000.
2-8 SECTION 3. (a) The change in law made by this Act applies
2-9 only to a violation committed on or after the effective date of
2-10 this Act. For purposes of this section, a violation is committed
2-11 before the effective date of this act if any element of the
2-12 violations occurs before the effective date.
2-13 (b) A violation committed before the effective date of this
2-14 Act is covered by the law in effect when the violation was
2-15 committed, and the former law is continued in effect for this
2-16 purpose.
2-17 SECTION 4. This Act takes effect September 1, 1993.
2-18 SECTION 5. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.