| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the amounts of the administrative, civil, and criminal |
|
|
penalties for violating certain statutes under the jurisdiction of, |
|
|
rules or orders adopted by, or licenses, permits, or certificates |
|
|
issued by the Railroad Commission of Texas. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 81.0531, Natural Resources Code, is |
|
|
amended by amending Subsection (b) and adding Subsection (b-1) to |
|
|
read as follows: |
|
|
(b) The penalty may not exceed: |
|
|
(1) $10,000 a day for each violation that is not |
|
|
related to pipeline safety; or |
|
|
(2) $200,000 a day for each violation that is related |
|
|
to pipeline safety. |
|
|
(b-1) Each day a violation continues may be considered a |
|
|
separate violation for purposes of penalty assessments, provided |
|
|
that the maximum penalty that may be assessed for any related series |
|
|
of violations related to pipeline safety may not exceed $2 million. |
|
|
SECTION 2. Section 117.051, Natural Resources Code, is |
|
|
amended to read as follows: |
|
|
Sec. 117.051. CIVIL PENALTY. A person who violates this |
|
|
chapter or a rule adopted by the commission under this chapter is |
|
|
subject to a civil penalty of not [less than $50 nor] more than |
|
|
$200,000 [$25,000] for each act of violation and for each day of |
|
|
violation, provided that the maximum civil penalty that may be |
|
|
assessed for any related series of violations may not exceed $2 |
|
|
million [$500,000]. |
|
|
SECTION 3. Section 117.053, Natural Resources Code, is |
|
|
amended by amending Subsection (b) and adding Subsection (c) to |
|
|
read as follows: |
|
|
(b) An offense under this section is punishable by a fine of |
|
|
not more than $2 million [$25,000], confinement in the Texas |
|
|
Department of Criminal Justice for a term of not more than five |
|
|
years, or both such fine and imprisonment. |
|
|
(c) In the prosecution of a defendant for multiple offenses |
|
|
under this section, all of the offenses are considered to be part of |
|
|
the same criminal episode, and as required by Section 3.03, Penal |
|
|
Code, the sentences of confinement shall run concurrently. |
|
|
Additionally, the cumulative total of fines imposed under this |
|
|
section may not exceed the maximum amount imposed on conviction of a |
|
|
single offense under this section. |
|
|
SECTION 4. Section 117.054, Natural Resources Code, is |
|
|
amended by amending Subsection (b) and adding Subsection (c) to |
|
|
read as follows: |
|
|
(b) An offense under this section is punishable by a fine of |
|
|
not more than $2 million [$25,000], confinement in the Texas |
|
|
Department of Criminal Justice for a term of not more than five [15] |
|
|
years, or both such fine and imprisonment. |
|
|
(c) In the prosecution of a defendant for multiple offenses |
|
|
under this section, all of the offenses are considered to be part of |
|
|
the same criminal episode, and as required by Section 3.03, Penal |
|
|
Code, the sentences of confinement shall run concurrently. |
|
|
Additionally, the cumulative total of fines imposed under this |
|
|
section may not exceed the maximum amount imposed on conviction of a |
|
|
single offense under this section. |
|
|
SECTION 5. Section 121.204, Utilities Code, is amended to |
|
|
read as follows: |
|
|
Sec. 121.204. CIVIL PENALTY. Each day of each violation of |
|
|
a safety standard adopted under this subchapter is subject to a |
|
|
civil penalty of not more than $200,000 [$25,000], except that the |
|
|
maximum penalty that may be assessed for any related series of |
|
|
violations may not exceed $2 million [$500,000]. The penalty is |
|
|
payable to the state. |
|
|
SECTION 6. Section 121.206(b), Utilities Code, is amended |
|
|
to read as follows: |
|
|
(b) The penalty for each violation may not exceed $200,000 |
|
|
[$10,000]. Each day a violation continues may be considered a |
|
|
separate violation for the purpose of penalty assessment, provided |
|
|
that the maximum penalty that may be assessed for any related series |
|
|
of violations may not exceed $2 million. |
|
|
SECTION 7. Section 121.302, Utilities Code, is amended by |
|
|
amending Subsection (a) and adding Subsection (a-1) to read as |
|
|
follows: |
|
|
(a) A gas utility is subject to a civil penalty if the gas |
|
|
utility: |
|
|
(1) violates this chapter; |
|
|
(2) fails to perform a duty imposed by this chapter; or |
|
|
(3) fails to comply with an order of the railroad |
|
|
commission if the order is not stayed or suspended by a court order. |
|
|
(a-1) A penalty under this section is payable to the state |
|
|
and shall be: |
|
|
(1) not less than $100 and not more than $1,000 for |
|
|
each violation or failure that is not related to pipeline safety; or |
|
|
(2) not more than $200,000 for each violation or |
|
|
failure that is related to pipeline safety, provided that the |
|
|
maximum penalty that may be assessed for any related series of |
|
|
violations related to pipeline safety may not exceed $2 million. |
|
|
SECTION 8. Section 121.304(b), Utilities Code, is amended |
|
|
to read as follows: |
|
|
(b) The penalty for each violation or failure that is not |
|
|
related to pipeline safety may not exceed $10,000 a day. The |
|
|
penalty for each violation or failure that is related to pipeline |
|
|
safety may not exceed $200,000 a day. Each day a violation |
|
|
continues may be considered a separate violation for purposes of |
|
|
penalty assessment, provided that the maximum penalty that may be |
|
|
assessed for any related series of violations related to pipeline |
|
|
safety may not exceed $2 million. |
|
|
SECTION 9. Section 121.310, Utilities Code, is amended by |
|
|
amending Subsection (b) and adding Subsection (c) to read as |
|
|
follows: |
|
|
(b) An offense under this section that is not related to |
|
|
pipeline safety is punishable by a fine of not less than $50 and not |
|
|
more than $1,000. An offense under this section that is related to |
|
|
pipeline safety is punishable by a fine of not more than $2 million. |
|
|
In addition to the fine, the offense may be punishable by |
|
|
confinement in jail for not less than 10 days nor more than six |
|
|
months. |
|
|
(c) In the prosecution of a defendant for multiple offenses |
|
|
under this section, all of the offenses related to pipeline safety |
|
|
are considered to be part of the same criminal episode, and as |
|
|
required by Section 3.03, Penal Code, the sentences of confinement |
|
|
shall run concurrently. Additionally, the cumulative total of |
|
|
fines imposed under this section for offenses related to pipeline |
|
|
safety may not exceed the maximum amount imposed on conviction of a |
|
|
single offense under this section. |
|
|
SECTION 10. The changes in law made by this Act apply only |
|
|
to a violation committed on or after the effective date of this Act. |
|
|
A violation committed before the effective date of this Act is |
|
|
governed by the law in effect when the violation was committed, and |
|
|
the former law is continued in effect for that purpose. For |
|
|
purposes of this section, a violation was committed before the |
|
|
effective date of this Act if any element of the violation was |
|
|
committed before that date. |
|
|
SECTION 11. This Act takes effect September 1, 2013. |