| |
| |
| |
|
|
AN ACT
|
|
|
relating to procedures for imposing certain administrative |
|
|
penalties or disgorgement orders by the Public Utility Commission |
|
|
of Texas. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 15.024, Utilities Code, is amended by |
|
|
amending Subsections (b), (e), and (f) and adding Subsection (b-1) |
|
|
to read as follows: |
|
|
(b) Not later than the 14th day after the date the report is |
|
|
issued, the executive director shall give written notice of the |
|
|
report to the person against whom the penalty may be assessed. The |
|
|
notice may be given by regular or certified mail. The notice must: |
|
|
(1) include a brief summary of the alleged violation; |
|
|
(2) state the amount of the recommended penalty; and |
|
|
(3) inform the person that the person has a right to a |
|
|
hearing on the occurrence of the violation, the amount of the |
|
|
penalty, or both the occurrence of the violation and the amount of |
|
|
the penalty. |
|
|
(b-1) If the commission sends written notice to a person by |
|
|
mail addressed to the person's mailing address as maintained in the |
|
|
commission's records, the person is deemed to have received notice: |
|
|
(1) on the fifth day after the date that the commission |
|
|
sent the written notice, for notice sent by regular mail; or |
|
|
(2) on the date the written notice is received or |
|
|
delivery is refused, for notice sent by certified mail. |
|
|
(e) If the person accepts the executive director's |
|
|
determination and recommended penalty or fails to timely respond to |
|
|
the notice, the commission by order shall approve the determination |
|
|
and impose the recommended penalty or order a hearing on the |
|
|
determination and the recommended penalty. |
|
|
(f) If the person requests a hearing or the commission |
|
|
orders a hearing under Subsection (e) [fails to timely respond to
|
|
|
the notice], the commission [executive director] shall refer the |
|
|
matter to the State Office of Administrative Hearings for [set] a |
|
|
hearing and give notice of the referral [hearing] to the person. |
|
|
The parties to a proceeding under this subchapter shall be limited |
|
|
to the person and the commission, including the independent market |
|
|
monitor. The hearing shall be held by an administrative law judge |
|
|
of the State Office of Administrative Hearings and notice of the |
|
|
hearing must be provided in accordance with Chapter 2001, |
|
|
Government Code. The administrative law judge shall make findings |
|
|
of fact and conclusions of law and promptly issue to the commission |
|
|
a proposal for a decision about the occurrence of the violation and |
|
|
the amount of a proposed penalty. Based on the findings of fact, |
|
|
conclusions of law, and proposal for a decision, the commission by |
|
|
order may find that a violation has occurred and impose a penalty or |
|
|
disgorgement order or may find that no violation occurred. |
|
|
SECTION 2. The changes in law made by this Act apply only to |
|
|
the procedures for an administrative penalty or disgorgement order |
|
|
for which a written notice is given under Section 15.024(b), |
|
|
Utilities Code, on or after the effective date of this Act. Those |
|
|
procedures for a penalty or order for which a written notice is |
|
|
given before the effective date of this Act are governed by the law |
|
|
in effect on the date the notice is given, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1358 passed the Senate on |
|
|
April 11, 2019, by the following vote: Yeas 30, Nays 1. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1358 passed the House on |
|
|
May 3, 2019, by the following vote: Yeas 140, Nays 0, two present |
|
|
not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |