82R8735 TRH-F
 
  By: Hegar S.B. No. 1294
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the imposition of administrative penalties by the
  Railroad Commission of Texas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 81.0531(a), (b), (c), and (d), Natural
  Resources Code, are amended to read as follows:
         (a)  If a person violates [provisions of] this title [which
  pertain to safety or the prevention or control of pollution] or [the
  provisions of] a rule, order, license, permit, or certificate
  [which pertain to safety or the prevention or control of pollution
  and are] issued under this title, the person may be assessed an
  administrative [a civil] penalty by the commission.
         (b)  The penalty may not exceed $25,000 [$10,000] a day for
  each violation. Each day a violation continues may be considered a
  separate violation for purposes of penalty assessments.
         (c)  In determining the amount of the penalty, the commission
  shall consider the [permittee's history of previous violations, the
  seriousness of the violation, any hazard to the health or safety of
  the public, and the demonstrated good faith of the person charged.
  In determining the amount of the penalty for a violation of a
  provision of this title or a rule, order, license, permit, or
  certificate that relates to pipeline safety, the commission shall
  consider the] guidelines adopted under Subsection (d).
         (d)  The commission by rule shall adopt guidelines to be used
  in determining the amount of the penalty [for a violation of a
  provision of this title or a rule, order, license, permit, or
  certificate that relates to pipeline safety]. The guidelines shall
  include a penalty calculation worksheet that specifies the typical
  penalty for certain violations, circumstances justifying
  enhancement of a penalty and the amount of the enhancement, and
  circumstances justifying a reduction in a penalty and the amount of
  the reduction. The guidelines shall take into account:
               (1)  the permittee's history of previous violations,
  including the number of previous violations;
               (2)  the seriousness of the violation and of any
  pollution resulting from the violation;
               (3)  any hazard to the health or safety of the public;
               (4)  the degree of culpability;
               (5)  the demonstrated good faith of the person charged;
  and
               (6)  any other factor the commission considers
  relevant.
         SECTION 2.  Section 91.143(e), Natural Resources Code, is
  amended to read as follows:
         (e)  The commission may impose an administrative penalty in
  the manner provided by Sections 81.0531-81.0534 on a person who
  violates this section. The amount of the penalty may not exceed
  $25,000 [$1,000] for each violation.
         SECTION 3.  The changes in law made by this Act apply only to
  a violation that occurs on or after the effective date of this Act.
  A violation that occurs before the effective date of this Act is
  governed by the law in effect on the date of the violation, and the
  former law is continued in effect for that purpose.  For purposes of
  this section, a violation occurs before the effective date of this
  Act if any element of the violation occurs before that date.
         SECTION 4.  This Act takes effect September 1, 2011.