By: Hegar, Davis S.B. No. 1294
(Keffer)
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of administrative penalties by the
Railroad Commission of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a), (b), (c), and (d), Section
81.0531, Natural Resources Code, are amended to read as follows:
(a) If a person violates [provisions of] this title [which
pertain to safety or the prevention or control of pollution] or [the
provisions of] a rule, order, license, permit, or certificate
[which pertain to safety or the prevention or control of pollution
and are] issued under this title, the person may be assessed an
administrative [a civil] penalty by the commission.
(b) The penalty may not exceed $25,000 [$10,000] a day for
each violation. Each day a violation continues may be considered a
separate violation for purposes of penalty assessments.
(c) In determining the amount of the penalty, the commission
shall consider the [permittee's history of previous violations, the
seriousness of the violation, any hazard to the health or safety of
the public, and the demonstrated good faith of the person charged.
In determining the amount of the penalty for a violation of a
provision of this title or a rule, order, license, permit, or
certificate that relates to pipeline safety, the commission shall
consider the] guidelines adopted under Subsection (d).
(d) The commission by rule shall adopt guidelines to be used
in determining the amount of the penalty [for a violation of a
provision of this title or a rule, order, license, permit, or
certificate that relates to pipeline safety]. The guidelines shall
include a penalty calculation worksheet that specifies the typical
penalty for certain violations, circumstances justifying
enhancement of a penalty and the amount of the enhancement, and
circumstances justifying a reduction in a penalty and the amount of
the reduction. The guidelines shall take into account:
(1) the permittee's history of previous violations,
including the number of previous violations;
(2) the seriousness of the violation and of any
pollution resulting from the violation;
(3) any hazard to the health or safety of the public;
(4) the degree of culpability;
(5) the demonstrated good faith of the person charged;
and
(6) any other factor the commission considers
relevant.
SECTION 2. Subsection (e), Section 91.143, Natural
Resources Code, is amended to read as follows:
(e) The commission may impose an administrative penalty in
the manner provided by Sections 81.0531-81.0534 on a person who
violates this section. The amount of the penalty may not exceed
$25,000 [$1,000] for each violation.
SECTION 3. The changes in law made by this Act apply only to
a violation that occurs on or after the effective date of this Act.
A violation that occurs before the effective date of this Act is
governed by the law in effect on the date of the violation, and the
former law is continued in effect for that purpose. For purposes of
this section, a violation occurs before the effective date of this
Act if any element of the violation occurs before that date.
SECTION 4. This Act takes effect September 1, 2011.