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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 penalties for |
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violating certain statutes under the jurisdiction of, rules or |
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orders adopted by, or licenses, permits, or certificates issued by |
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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. Sections 81.0531(b) and (d), Natural Resources |
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Code, are amended to read as follows: |
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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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(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 economic benefit gained through the violation; |
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(7) the penalty necessary to deter future violations; |
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and |
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(8) any other factor the commission considers |
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relevant. |
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SECTION 2. Section 81.058(d), Natural Resources Code, is |
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amended to read as follows: |
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(d) An administrative penalty imposed under this section |
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may not exceed $25,000 [$5,000] a day for each violation. Each day |
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a violation continues or occurs is a separate violation for |
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purposes of imposing a penalty under this section. |
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SECTION 3. The changes in law made by this Act apply only to |
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a violation committed on or after the effective date of this Act. A |
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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 4. This Act takes effect September 1, 2013. |