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  By: Schwertner, et al. S.B. No. 2011
 
  (Slawson, et al.)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of the Public Utility Commission of Texas
  to impose administrative penalties and enter into voluntary
  mitigation plans; increasing an administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 15.023(b-1) and (f), Utilities Code,
  are amended to read as follows:
         (b-1)  Notwithstanding Subsection (b), the penalty for a
  violation of a voluntary mitigation plan entered into under
  Subsection (f) or of a provision of Section 35.0021 or 38.075 may be
  in an amount not to exceed $1,000,000 for a violation.  Each day a
  violation continues or occurs is a separate violation for purposes
  of imposing a penalty.
         (f)  The commission and a person may develop and enter into a
  voluntary mitigation plan relating to a violation of Section 39.157
  or rules adopted by the commission under that section. The
  commission may approve the plan only if the commission determines
  that the plan is in the public interest.  The voluntary mitigation
  plan must be reviewed at least once every two years and not later
  than the 90th day after the implementation date of a wholesale
  market design change.  As part of the review, the commission must
  determine whether the voluntary mitigation plan remains in the
  public interest. If the commission determines that the voluntary
  mitigation plan is no longer in the public interest, the commission
  and the person must agree to a modification of the plan or the
  commission must terminate the plan.  Adherence [If the commission
  and a person enter into a voluntary mitigation plan, adherence] to
  the plan may be considered in determining whether a violation
  occurred and, if so, the penalty to be assessed [constitutes an
  absolute defense against an alleged violation with respect to
  activities covered by the plan].
         SECTION 2.  The changes in law made by this Act apply only to
  a violation committed on or after the effective date of this Act. A
  violation committed before the effective date of this Act is
  governed by the law in effect when the violation was committed, and
  the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.