By: Solis H.B. No. 894 73R4574 T A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to administrative penalties for violation of minimum 1-3 clearance standards around railroad tracks. 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 6559e-1 to read as follows: 1-7 Art. 6559e-1. Administrative Penalty 1-8 (a) A person who violates Article 6559a, Article 6559b or 1-9 Article 6559c, Revised Statutes, or the provisions of any Railroad 1-10 Commission of Texas safety standard, rule, regulation or order 1-11 adopted or issued under Article 6559e, Revised Statutes, by the 1-12 commission. 1-13 (b) The penalty may not exceed $10,000 for each violation. 1-14 Each day a violation continues may be considered a separate 1-15 violation for purposes of penalty assessments. 1-16 (c) In determining the amount of the penalty, the commission 1-17 shall consider the person's history of previous violations, the 1-18 seriousness of the violation, any hazard to the health or safety of 1-19 the public, and the demonstrated good faith of the person charged. 1-20 (d) A civil penalty may be assessed only after the person 1-21 charged with a violation described under Section (a) of this 1-22 article has been given an opportunity for a public hearing. 1-23 (e) If a public hearing has been held, the commission shall 1-24 make findings of fact, and it shall issue a written decision as to 2-1 the occurrence of the violation and the amount of the penalty that 2-2 is warranted, incorporating, when appropriate, an order requiring 2-3 that the penalty be paid. 2-4 (f) If appropriate, the commission shall consolidate the 2-5 hearings with other proceedings under this article. 2-6 (g) If the person charged with the violation fails to avail 2-7 himself of the opportunity for a public hearing, a civil penalty 2-8 may be assessed by the commission after it has determined that a 2-9 violation did occur and the amount of the penalty that is 2-10 warranted. 2-11 (h) The commission shall then issue an order requiring that 2-12 the penalty be paid. 2-13 (i) On the issuance of an order finding that a violation has 2-14 occurred, the commission shall inform the person who is found in 2-15 violation of the amount of the penalty within 30 days. 2-16 (j) Within the 30-day period immediately following the day 2-17 on which the decision or order is final as provided in Section 2-18 16(c), Administrative Procedure and Texas Register Act (Article 2-19 6252-13a, Vernon's Texas Civil Statutes), the person charged with 2-20 the penalty shall: 2-21 (1) pay the penalty in full; or 2-22 (2) if the person seeks judicial review of either the 2-23 amount of the penalty or the fact of the violation, or both: 2-24 (A) forward the amount to the commission for 2-25 placement in an escrow account; or 2-26 (B) in lieu of payment into escrow, post with 2-27 the commission a supersedeas bond in a form approved by the 3-1 commission for the amount of the penalty, such bond to be effective 3-2 until all judicial review of the order or decision is final. 3-3 (k) If through judicial review of the decision or order it 3-4 is determined that no violation occurred or that the amount of the 3-5 penalty should be reduced or not assessed, the commission shall, 3-6 within the 30-day period immediately following that determination, 3-7 if the penalty has been paid to the commission, remit the 3-8 appropriate amount to the person, with accrued interest, or where a 3-9 supersedeas bond has been posted, the commission shall execute a 3-10 release of such bond. 3-11 (l) Failure to forward the money to the commission or post 3-12 bond within the time provided by Section (j) of this article shall 3-13 result in a waiver of all legal rights to contest the violation or 3-14 the amount of the penalty. 3-15 (m) Judicial review of the order or decision of the 3-16 commission assessing the penalty shall be under the substantial 3-17 evidence rule and shall be instituted by filing a petition with the 3-18 district court of Travis County, Texas, and not elsewhere, as 3-19 provided for in Section 19, Administrative Procedure and Texas 3-20 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes). 3-21 (n) Civil penalties owed under this article may be recovered 3-22 in a civil action brought by the Attorney General at the request of 3-23 the commission. 3-24 SECTION 2. This Act takes effect September 1, 1993. 3-25 SECTION 3. The importance of this legislation and the 3-26 crowded condition of the calendars in both houses create an 3-27 imperative public necessity that the constitutional rule requiring 4-1 bills to be read on three several days in each house be suspended, 4-2 and this rule is hereby suspended.