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