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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Public Utility Commission of Texas |
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to impose administrative penalties and enter into voluntary |
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mitigation plans; increasing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 15.023(b-1) and (f), Utilities Code, |
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are amended to read as follows: |
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(b-1) Notwithstanding Subsection (b), the penalty for a |
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violation of a voluntary mitigation plan entered into under |
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Subsection (f) or of a provision of Section 35.0021 or 38.075 may be |
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in an amount not to exceed $1,000,000 for a violation. Each day a |
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violation continues or occurs is a separate violation for purposes |
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of imposing a penalty. |
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(f) The commission and a person may develop and enter into a |
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voluntary mitigation plan relating to a violation of Section 39.157 |
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or rules adopted by the commission under that section. The |
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commission may approve the plan only if the commission determines |
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that the plan is in the public interest. The voluntary mitigation |
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plan must be reviewed at least once every two years and not later |
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than the 90th day after the implementation date of a wholesale |
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market design change. As part of the review, the commission must |
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determine whether the voluntary mitigation plan remains in the |
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public interest. If the commission determines that the voluntary |
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mitigation plan is no longer in the public interest, the commission |
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and the person must agree to a modification of the plan or the |
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commission must terminate the plan. Adherence [If the commission |
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and a person enter into a voluntary mitigation plan, adherence] to |
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the plan may be considered in determining whether a violation |
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occurred and, if so, the penalty to be assessed [constitutes an |
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absolute defense against an alleged violation with respect to |
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activities covered by the plan]. |
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SECTION 2. 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. |
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SECTION 3. This Act takes effect September 1, 2023. |