By: Anchia H.B. No. 867
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to written disclosure of gas pipeline leaks to gas
  distribution customers; clarifying changes to related
  administrative penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 121.206(a) and (d), Utilities Code, are
  amended to read as follows:
         (a)  The railroad commission may assess an administrative
  penalty against a person who violates Section 121.201 or a safety
  standard or other rule prescribed or adopted under this subchapter
  [that section].
         (d)  The railroad commission by rule shall adopt guidelines
  to be used in determining the amount of a penalty under this
  subchapter. The guidelines shall include a penalty calculation
  worksheet that specifies the typical penalty for certain
  violations, circumstances justifying enhancement of a penalty and
  the amount of the enhancement, and circumstances justifying a
  reduction in a penalty and the amount of the reduction. The
  guidelines shall take into account:
               (1)  the person's history of previous violations of
  Section 121.201 or a safety standard or other rule prescribed or
  adopted under this subchapter [that section], including the number
  of previous violations;
               (2)  the seriousness of the violation and of any
  pollution resulting from the violation;
               (3)  any hazard to the health or safety of the public;
               (4)  the degree of culpability;
               (5)  the demonstrated good faith of the person charged;
  and
               (6)  any other factor the commission considers
  relevant.
         SECTION 2.  Subchapter E, Chapter 121, Utilities Code, is
  amended by adding Section 121.217 to read as follows:
         Sec. 121.217.  WRITTEN NOTICE OF LEAK REQUIRED. (a)  The
  railroad commission by rule shall require a distribution gas
  pipeline facility operator to mail written notice of a leak not
  later than 72 hours after the leak is discovered to each customer
  whose billed property is located less than one-quarter mile from
  where the leak occurred.
         (b)  The written notice must be printed in both English and
  Spanish.
         SECTION 3.  The Railroad Commission of Texas shall adopt the
  rules required by Section 121.217, Utilities Code, as added by this
  Act, not later than December 31, 2019.
         SECTION 4.  This Act takes effect September 1, 2019.