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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of administrative penalties by the |
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Railroad Commission of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a), (b), (c), and (d), Section |
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81.0531, Natural Resources Code, are amended to read as follows: |
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(a) If a person violates [provisions of] this title [which
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pertain to safety or the prevention or control of pollution] or [the
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provisions of] a rule, order, license, permit, or certificate |
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[which pertain to safety or the prevention or control of pollution
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and are] issued under this title, the person may be assessed an |
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administrative [a civil] penalty by the commission. |
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(b) The penalty may not exceed $25,000 [$10,000] a day for |
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each violation. Each day a violation continues may be considered a |
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separate violation for purposes of penalty assessments. |
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(c) In determining the amount of the penalty, the commission |
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shall consider the [permittee's history of previous violations, the
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seriousness of the violation, any hazard to the health or safety of
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the public, and the demonstrated good faith of the person charged.
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In determining the amount of the penalty for a violation of a
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provision of this title or a rule, order, license, permit, or
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certificate that relates to pipeline safety, the commission shall
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consider the] guidelines adopted under Subsection (d). |
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(d) The commission by rule shall adopt guidelines to be used |
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in determining the amount of the penalty [for a violation of a
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provision of this title or a rule, order, license, permit, or
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certificate that relates to pipeline safety]. The guidelines shall |
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include a penalty calculation worksheet that specifies the typical |
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penalty for certain violations, circumstances justifying |
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enhancement of a penalty and the amount of the enhancement, and |
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circumstances justifying a reduction in a penalty and the amount of |
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the reduction. The guidelines shall take into account: |
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(1) the permittee's history of previous violations, |
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including the number of previous violations; |
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(2) the seriousness of the violation and of any |
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pollution resulting from the violation; |
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(3) any hazard to the health or safety of the public; |
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(4) the degree of culpability; |
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(5) the demonstrated good faith of the person charged; |
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and |
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(6) any other factor the commission considers |
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relevant. |
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SECTION 2. Subsection (e), Section 91.143, Natural |
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Resources Code, is amended to read as follows: |
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(e) The commission may impose an administrative penalty in |
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the manner provided by Sections 81.0531-81.0534 on a person who |
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violates this section. The amount of the penalty may not exceed |
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$25,000 [$1,000] for each violation. |
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SECTION 3. The changes in law made by this Act apply only to |
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a violation that occurs on or after the effective date of this Act. |
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A violation that occurs before the effective date of this Act is |
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governed by the law in effect on the date of the violation, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, a violation occurs before the effective date of this |
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Act if any element of the violation occurs before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |
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