By: Solis H.B. No. 893
73R4573 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to administrative penalties for violation of railroad
1-3 safety rules.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 112, Revised Statutes, is amended by adding
1-6 Article 6448a-1 to read as follows:
1-7 Art. 6448a-1. ADMINISTRATIVE PENALTY
1-8 (a) A person who violates Article 6448a, Revised Statutes,
1-9 or the provisions of any Railroad Commission of Texas safety
1-10 standard, rule, regulation or order which pertain to safety may be
1-11 assessed a civil penalty by the commission.
1-12 (b) The penalty may not exceed $10,000 for each violation.
1-13 Each day a violation continues may be considered a separate
1-14 violation for purposes of penalty assessments.
1-15 (c) In determining the amount of the penalty, the commission
1-16 shall consider the person's history of previous violations, the
1-17 seriousness of the violation, any hazard to the health or safety of
1-18 the public, and the demonstrated good faith of the person charged.
1-19 (d) A civil penalty may be assessed only after the person
1-20 charged with a violation described under Section (a) of this
1-21 article has been given an opportunity for a public hearing.
1-22 (e) If a public hearing has been held, the commission shall
1-23 make findings of fact, and it shall issue a written decision as to
1-24 the occurrence of the violation and the amount of the penalty that
2-1 is warranted, incorporating, when appropriate, an order requiring
2-2 that the penalty be paid.
2-3 (f) If appropriate, the commission shall consolidate the
2-4 hearings with other proceedings under this article.
2-5 (g) If the person charged with the violation fails to avail
2-6 himself of the opportunity for a public hearing, a civil penalty
2-7 may be assessed by the commission after it has determined that a
2-8 violation did occur and the amount of the penalty that is
2-9 warranted.
2-10 (h) The commission shall then issue an order requiring that
2-11 the penalty be paid.
2-12 (i) On the issuance of an order finding that a violation has
2-13 occurred, the commission shall inform the person who is found in
2-14 violation of the amount of the penalty within 30 days.
2-15 (j) Within the 30-day period immediately following the day
2-16 on which the decision or order is final as provided in Section
2-17 16(c), Administrative Procedure and Texas Register Act (Article
2-18 6252-13a, Vernon's Texas Civil Statutes), the person charged with
2-19 the penalty shall:
2-20 (1) pay the penalty in full; or
2-21 (2) if the person seeks judicial review of either the
2-22 amount of the penalty or the fact of the violation, or both:
2-23 (A) forward the amount to the commission for
2-24 placement in an escrow account; or
2-25 (B) in lieu of payment into escrow, post with
2-26 the commission a supersedeas bond in a form approved by the
2-27 commission for the amount of the penalty, such bond to be effective
3-1 until all judicial review of the order or decision is final.
3-2 (k) If through judicial review of the decision or order it
3-3 is determined that no violation occurred or that the amount of the
3-4 penalty should be reduced or not assessed, the commission shall,
3-5 within the 30-day period immediately following that determination,
3-6 if the penalty has been paid to the commission, remit the
3-7 appropriate amount to the person, with accrued interest, or where a
3-8 supersedeas bond has been posted, the commission shall execute a
3-9 release of such bond.
3-10 (l) Failure to forward the money to the commission or post
3-11 bond within the time provided by Section (j) of this article shall
3-12 result in a waiver of all legal rights to contest the violation or
3-13 the amount of the penalty.
3-14 (m) Judicial review of the order or decision of the
3-15 commission assessing the penalty shall be under the substantial
3-16 evidence rule and shall be instituted by filing a petition with the
3-17 district court of Travis County, Texas, and not elsewhere, as
3-18 provided for in Section 19, Administrative Procedure and Texas
3-19 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
3-20 (n) Civil penalties owed under this article may be recovered
3-21 in a civil action brought by the Attorney General at the request of
3-22 the commission.
3-23 SECTION 2. This Act takes effect September 1, 1993.
3-24 SECTION 3. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.