| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to market power abuse in the wholesale electricity market; |
|
|
providing administrative and civil penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 15.023(b), Utilities Code, is amended to |
|
|
read as follows: |
|
|
(b) The penalty for a violation, except for a violation |
|
|
under Section 39.157, may be in an amount not to exceed $25,000. |
|
|
Each day a violation continues or occurs is a separate violation for |
|
|
purposes of imposing a penalty. The penalty for a violation under |
|
|
Section 39.157 is not more than $200,000, and the classification |
|
|
system established under Subsection (c) does not apply to the |
|
|
violation. |
|
|
SECTION 2. Subchapter B, Chapter 15, Utilities Code, is |
|
|
amended by adding Section 15.0291 to read as follows: |
|
|
Sec. 15.0291. CIVIL PENALTY FOR VIOLATING SECTION 39.157. |
|
|
(a) A person who violates Section 39.157 or a rule adopted or order |
|
|
issued by the commission under that section is subject to a civil |
|
|
penalty of not less than $100,000 and not more than $250,000 for |
|
|
each violation. |
|
|
(b) A civil penalty under this section is recoverable in a |
|
|
suit filed in the name of the commission by the attorney general on |
|
|
the attorney general's own initiative or at the request of the |
|
|
commission. |
|
|
SECTION 3. (a) The change in law made by this Act applies |
|
|
only to a violation committed on or after September 1, 2007. For |
|
|
purposes of this section, a violation is committed before September |
|
|
1, 2007, if any element of the violation occurs before that date. |
|
|
(b) A violation committed before September 1, 2007, is |
|
|
covered by the law in effect when the violation was committed, and |
|
|
the former law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2007. |