By: Davis S.B. No. 1869
A BILL TO BE ENTITLED
AN ACT
relating to the creation, fines, and funding of the Railroad
Commission of Texas operating account.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The Legislature finds that current statute and
fines under the Natural Resources Code do not accurately serve as a
deterrent to violations of the code. By increasing existing fines
and dedicating these fines to the Railroad Commission's Operation
Account established under SECTION 2 of this bill, the Legislature
hopes to provide an adequate deterrent for violation.
SECTION 2. Subchapter B, Chapter 81, Natural Resources
Code, is amended by adding Section 81.021 to read as follows:
Sec. 81.021. RAILROAD COMMISSION OF TEXAS OPERATING
ACCOUNT. (a) The Railroad Commission of Texas operating account
is an account in the general revenue fund.
(b) Money in the account may be appropriated only to the
commission for the operation of the commission.
SECTION 3. Section 81.058, Natural Resources Code, is
amended by adding Subsection (g) to read as follows:
(g) An administrative penalty imposed under this section
shall be deposited to the credit of the Railroad Commission of Texas
operating account established under Section 81.021.
SECTION 4. Subchapter K, Chapter 85, Natural Resources
Code, is amended by adding Section 85.390 to read as follows:
Sec. 85.390. DISPOSITION OF CERTAIN PENALTIES. A penalty
collected under Section 85.385 or 85.3855 shall be deposited to the
credit of the Railroad Commission of Texas operating account
established under Section 81.021.
SECTION 5. Section 111.261, Natural Resources Code, is
amended to read as follows:
Sec. 111.261. PENALTY RECOVERABLE BY STATE. (a) A common
carrier under this chapter is subject to a penalty of not less than
$100 nor more than $1,000$25,000 for each offense, recoverable in
the name of the state, if the common carrier:
(1) violates Section 111.013 through 111.024,
111.134, 111.135, 111.138, 111.139, 111.141, or 111.142 of this
code or a valid order of the commission; or
(2) fails to perform a duty imposed by Section 111.013
through 111.024, 111.134, 111.135, 111.138, 111.139, 111.141, or
111.142 of this code.
(b) A penalty collected under this section shall be
deposited to the credit of the Railroad Commission of Texas
operating account established under Section 81.021.
SECTION 6. Section 111.263, Natural Resources Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) Except as provided by Subsection (b), a penalty
recovered under this section shall be deposited to the credit of the
Railroad Commission of Texas operating account established under
Section 81.021.
SECTION 7. Section 116.143, Natural Resources Code, is
amended by adding Subsection (d) to read as follows:
(d) A penalty collected under this section shall be
deposited to the credit of the Railroad Commission of Texas
operating account established under Section 81.021.
SECTION 8. Section 117.051, Natural Resources Code, is
amended to read as follows:
Sec. 117.051. CIVIL PENALTY. (a) A person who violates
this chapter or a rule adopted by the commission under this chapter
is subject to a civil penalty of not less than $50 nor more than
$25,000 for each act of violation and for each day of violation,
provided that the maximum civil penalty that may be assessed for any
related series of violations may not exceed $500,000.
(b) A penalty collected under this section shall be
deposited to the credit of the Railroad Commission of Texas
operating account established under Section 81.021.
SECTION 9. Section 134.178, Natural Resources Code, is
amended to read as follows:
Sec. 134.178. RECOVERY OF ADMINISTRATIVE PENALTY. (a) The
attorney general at the request of the commission may bring a civil
action to recover an administrative penalty owed under this
chapter.
(b) An administrative penalty collected under this chapter
shall be deposited to the credit of the Railroad Commission of Texas
operating account established under Section 81.021.
SECTION 10. Section 141.016, Natural Resources Code, is
amended to read as follows:
Sec. 141.016. RECOVERY OF PENALTY. Civil penalties owed
under Sections 141.013-141.015 [of this code] may be recovered in a
civil action brought by the attorney general at the request of the
commission and shall be deposited on collection to the credit of the
Railroad Commission of Texas operating account established under
Section 81.021.
SECTION 11. Section 105.027, Utilities Code, is amended to
read as follows:
Sec. 105.027. DISPOSITION OF FINES AND PENALTIES. A fine or
penalty collected under this subtitle, other than a fine or penalty
collected in a criminal proceeding, shall be deposited to the
credit of the Railroad Commission of Texas operating account
established under Section 81.021, Natural Resources Code [paid to
the railroad commission].
SECTION 12. Subchapter E, Chapter 121, Utilities Code, is
amended by adding Section 121.212 to read as follows:
Sec. 121.212. DISPOSITION OF CERTAIN PENALTIES. An
administrative or civil penalty collected under this subchapter
shall be deposited to the credit of the Railroad Commission of Texas
operating account established under Section 81.021, Natural
Resources Code.
SECTION 13. Subchapter G, Chapter 121, Utilities Code, is
amended by adding Section 121.311 to read as follows:
Sec. 121.311. DISPOSITION OF CERTAIN PENALTIES. An
administrative or civil penalty collected under this subchapter
shall be deposited to the credit of the Railroad Commission of Texas
operating account established under Section 81.021, Natural
Resources Code.
SECTION 14. Section 27.101, Water Code, is amended by
adding Subsection (c) to read as follows:
(c) A penalty collected under this section shall be
deposited to the credit of the Railroad Commission of Texas
operating account established under Section 81.021, Natural
Resources Code.
SECTION 15. Section 27.1014, Water Code, is amended to read
as follows:
Sec. 27.1014. RECOVERY OF PENALTY. Civil penalties owed
under Sections 27.1011-27.1013 [of this code] may be recovered in a
civil action brought by the attorney general at the request of the
railroad commission and shall be deposited on collection to the
credit of the Railroad Commission of Texas operating account
established under Section 81.021, Natural Resources Code.
SECTION 16. This Act takes effect September 1, 2011.