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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) and (f), Utilities Code, are |
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amended to read as follows: |
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(b) The penalty for a violation may be in an amount not to |
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exceed $1,000,000 [$25,000]. Each day a violation continues or |
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occurs is a separate violation for purposes 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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voluntary mitigation plan must be updated at least once every two |
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years. Not later than the 90th day after the date of a substantial |
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wholesale market design change, the commission shall review each |
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existing voluntary mitigation plan to determine whether any changes |
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to the plan are necessary. A party with a justiciable interest in |
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the result of a proceeding to adopt or renew a voluntary mitigation |
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plan is entitled to participate in the proceeding. Adherence [If |
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the commission and a person enter into a voluntary mitigation plan, |
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adherence] to the plan may be considered in determining whether a |
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violation occurred and, if so, the penalty to be assessed |
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[constitutes an absolute defense against an alleged violation with |
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respect to activities covered by the plan]. |
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SECTION 2. Section 15.023(b-1), Utilities Code, is |
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repealed. |
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SECTION 3. 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 4. This Act takes effect September 1, 2023. |