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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that retail water and utility services |
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maintain auxiliary generators for use during a local power outage; |
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providing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 341, Health and Safety |
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Code, is amended by adding Section 341.0359 to read as follows: |
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Sec. 341.0359. CONTINUATION OF SERVICE DURING LOCAL POWER |
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OUTAGE. (a) A retail public utility, as defined by Section 13.002, |
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Water Code, shall incorporate and maintain auxiliary power |
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generators capable of ensuring that, in the event of a local power |
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outage, the retail public utility maintains the ability to provide: |
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(1) water to the local distribution system with at |
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least the minimum water pressure required under commission rules; |
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and |
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(2) sewer services to all existing customers. |
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(b) The commission by rule shall: |
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(1) prescribe standards relating to the auxiliary |
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power generators; and |
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(2) create and implement an inspection schedule that |
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ensures the inspection of each retail public utility for compliance |
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with this section at least once each 12-month period. |
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(c) The commission may impose an administrative penalty on a |
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person licensed under this chapter who violates this section or a |
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rule or order adopted under this section. The amount of the penalty |
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may not exceed $1,000 for each day a violation continues or occurs, |
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with a maximum total penalty for a continuing violation of not more |
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than $10,000. The amount of the penalty shall be based on: |
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(1) the seriousness of the violation, including the |
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nature, circumstances, extent, and gravity of the violation; |
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(2) the number of violations and the person's history |
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of previous violations; |
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(3) the amount necessary to deter a future violation; |
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(4) the person's efforts to correct the violation; and |
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(5) any other matter that justice may require. |
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(d) The enforcement of an administrative penalty ordered |
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under this section may be stayed during the time the order is under |
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judicial review if the person pays the penalty to the clerk of the |
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court or files a supersedeas bond with the court in the amount of |
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the penalty. A person who cannot afford to pay the penalty or file |
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the bond may stay the enforcement by filing an affidavit in the |
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manner required by the Texas Rules of Civil Procedure for a party |
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who cannot afford to file security for costs, subject to the right |
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of the commission to contest the affidavit as provided by those |
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rules. |
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(e) The attorney general may sue to collect an |
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administrative penalty assessed under this section. |
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(f) A proceeding to impose an administrative penalty is a |
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contested case under Chapter 2001, Government Code. |
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(g) In addition to assessing an administrative penalty for a |
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violation of this section, the commission may revoke a retail |
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public utility's license to operate. |
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SECTION 2. Not later than December 1, 2009, the Texas |
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Commission on Environmental Quality shall adopt rules as required |
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by Section 341.0359, Health and Safety Code, as added by this Act. |
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SECTION 3. A retail public utility required to incorporate |
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and maintain an auxiliary generator under Section 341.0359, Health |
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and Safety Code, as added by this Act, shall comply with Texas |
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Commission on Environmental Quality rules adopted under that |
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section not later than January 31, 2010. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |