83R17185 JAM-F
 
  By: Wu, Keffer H.B. No. 1863
 
  Substitute the following for H.B. No. 1863:
 
  By:  Canales C.S.H.B. No. 1863
 
 
 
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.