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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for imposing certain administrative |
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penalties or disgorgement orders by the Public Utility Commission |
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of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 15.024(e) and (f), Utilities Code, are |
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amended to read as follows: |
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(e) If the person accepts the executive director's |
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determination and recommended penalty or fails to timely respond to |
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the notice, the commission by order shall approve the determination |
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and impose the recommended penalty or order a hearing on the |
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determination and the recommended penalty. |
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(f) If the person requests a hearing or the commission |
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orders a hearing under Subsection (e) [fails to timely respond to
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the notice], the executive director shall set a hearing and give |
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notice of the hearing to the person. The parties to a proceeding |
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under this subchapter shall be limited to the person and the |
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commission, including the independent market monitor. The hearing |
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shall be held by an administrative law judge of the State Office of |
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Administrative Hearings. The administrative law judge shall make |
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findings of fact and conclusions of law and promptly issue to the |
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commission a proposal for a decision about the occurrence of the |
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violation and the amount of a proposed penalty. Based on the |
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findings of fact, conclusions of law, and proposal for a decision, |
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the commission by order may find that a violation has occurred and |
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impose a penalty or disgorgement order or may find that no violation |
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occurred. |
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SECTION 2. The changes in law made by this Act apply only to |
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a person who receives notice under Section 15.024(b), Utilities |
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Code, on or after the effective date of this Act. A person who |
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receives notice before the effective date of this Act is governed by |
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the law in effect on the date the person received notice, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |