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  88R10815 CXP-F
 
  By: Schwertner, King S.B. No. 2011
 
 
 
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) and (f), Utilities Code, are
  amended to read as follows:
         (b)  The penalty for a violation may be in an amount not to
  exceed $1,000,000 [$25,000]. 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
  voluntary mitigation plan must be updated at least once every two
  years. Not later than the 90th day after the date of a substantial
  wholesale market design change, the commission shall review each
  existing voluntary mitigation plan to determine whether any changes
  to the plan are necessary.  A party with a justiciable interest in
  the result of a proceeding to adopt or renew a voluntary mitigation
  plan is entitled to participate in the proceeding.  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.  Section 15.023(b-1), Utilities Code, is
  repealed.
         SECTION 3.  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 4.  This Act takes effect September 1, 2023.