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.