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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) $10,000 a day for each violation that is not |
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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, provided |
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that the maximum penalty that may be assessed for any related series |
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of violations related to pipeline safety may not exceed $2 million. |
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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 $50 nor] more than |
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$200,000 [$25,000] for each act of violation and for each day of |
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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, Natural Resources Code, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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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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(c) In the prosecution of a defendant for multiple offenses |
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under this section, all of the offenses are considered to be part of |
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the same criminal episode, and as required by Section 3.03, Penal |
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Code, the sentences of confinement shall run concurrently. |
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Additionally, the cumulative total of fines imposed under this |
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section may not exceed the maximum amount imposed on conviction of a |
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single offense under this section. |
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SECTION 4. Section 117.054, Natural Resources Code, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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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 [15] |
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years, or both such fine and imprisonment. |
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(c) In the prosecution of a defendant for multiple offenses |
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under this section, all of the offenses are considered to be part of |
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the same criminal episode, and as required by Section 3.03, Penal |
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Code, the sentences of confinement shall run concurrently. |
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Additionally, the cumulative total of fines imposed under this |
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section may not exceed the maximum amount imposed on conviction of a |
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single offense under this section. |
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SECTION 5. Section 121.007, Utilities Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) A person who owns or operates [operating] a natural gas |
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pipeline, a liquefied natural gas pipeline, or an underground |
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storage facility is not a gas utility if the person certifies to the |
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railroad commission that the person uses the pipeline or |
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underground storage facility solely to deliver natural gas or |
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liquefied natural gas or the constituents of natural gas or |
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liquefied natural gas: |
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(1) to a liquefied natural gas marine terminal; |
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(2) from a liquefied natural gas marine terminal to |
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the owner of the gas or another person on behalf of the owner of the |
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gas; |
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(3) that is acquired, liquefied, or sold by the person |
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as necessary for the operation or maintenance of its facility that |
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is excluded as a gas utility under this section; or |
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(4) that has been stored for export. |
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(c) This section does not create an exception to the |
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applicability of a pipeline safety requirement provided under this |
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chapter or a penalty for a violation of such a requirement. |
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SECTION 6. 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 7. Subsection (b), Section 121.206, Utilities Code, |
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is amended 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, provided |
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that the maximum penalty that may be assessed for any related series |
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of violations may not exceed $2 million. |
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SECTION 8. 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: |
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(1) not less than $100 and not more than $1,000 for |
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each violation or failure that is not related to pipeline safety; or |
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(2) not more than $200,000 for each violation or |
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failure that is related to pipeline safety, provided that the |
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maximum penalty that may be assessed for any related series of |
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violations related to pipeline safety may not exceed $2 million. |
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SECTION 9. Subsection (b), Section 121.304, Utilities Code, |
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is amended to read as follows: |
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(b) The penalty for each violation or failure that is not |
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related to pipeline safety may not exceed $10,000 a day. The |
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penalty for each violation or failure that is related to pipeline |
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safety may not exceed $200,000 a day. Each day a violation |
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continues may be considered a separate violation for purposes of |
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penalty assessment, provided that the maximum penalty that may be |
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assessed for any related series of violations related to pipeline |
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safety may not exceed $2 million. |
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SECTION 10. Section 121.310, Utilities Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) An offense under this section that is not related to |
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pipeline safety is punishable by a fine of not less than $50 and not |
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more than $1,000. An offense under this section that is related to |
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pipeline safety is punishable by a fine of not more than $2 million. |
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In addition to the fine, the offense may be punishable by |
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confinement in jail for not less than 10 days nor more than six |
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months. |
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(c) In the prosecution of a defendant for multiple offenses |
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under this section, all of the offenses related to pipeline safety |
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are considered to be part of the same criminal episode, and as |
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required by Section 3.03, Penal Code, the sentences of confinement |
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shall run concurrently. Additionally, the cumulative total of |
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fines imposed under this section for offenses related to pipeline |
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safety may not exceed the maximum amount imposed on conviction of a |
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single offense under this section. |
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SECTION 11. 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 12. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 900 passed the Senate on |
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April 17, 2013, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 7, 2013, by the |
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following vote: Yeas 29, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 900 passed the House, with |
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amendment, on April 30, 2013, by the following vote: Yeas 133, |
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Nays 5, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |