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A BILL TO BE ENTITLED
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AN ACT
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relating to the administrative penalty procedures of the Public |
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Utility Commission of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15.024(c), Utilities Code, as amended by |
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Chapters 1212 and 1579, Acts of the 76th Legislature, Regular |
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Session, 1999, is reenacted and amended to read as follows: |
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(c) A penalty may not be assessed under this section if the |
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person against whom the penalty may be assessed remedies the |
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violation before the 31st day after the date the person receives the |
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notice under Subsection (b). A person who claims to have remedied |
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an alleged violation has the burden of proving to the commission |
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that the alleged violation was remedied and was accidental or |
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inadvertent. This subsection does not apply to a violation of |
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Chapter 17, 39, 55, or 64. |
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SECTION 2. Section 15.024(f), Utilities Code, is amended to |
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read as follows: |
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(f) If the person requests a hearing or fails to timely |
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respond to the notice, the executive director shall set a hearing |
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and give notice of the hearing to the person. The hearing shall be |
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held in accordance with Subchapter B, Chapter 14. For a hearing |
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conducted by an administrative law judge of the State Office of |
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Administrative Hearings, the [. The] administrative law judge |
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shall make findings of fact and conclusions of law and promptly |
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issue to the commission a proposal for a decision about the |
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occurrence of the violation and the amount of a proposed penalty. |
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Based on the findings of fact, conclusions of law, and proposal for |
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a decision, the commission by order may find that a violation has |
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occurred and impose a penalty or may find that no violation |
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occurred. |
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SECTION 3. This Act takes effect September 1, 2007. |