Texas 2019 - 86th Regular

Texas House Bill HB2865 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11796 BRG-F
2	2	By: Parker H.B. No. 2865
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to procedures for imposing certain administrative
8	8	penalties or disgorgement orders by the Public Utility Commission
9	9	of Texas.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 15.024, Utilities Code, is amended by
12	12	amending Subsections (b), (e), and (f) and adding Subsection (b-1)
13	13	to read as follows:
14	14	(b) Not later than the 14th day after the date the report is
15	15	issued, the executive director shall give written notice of the
16	16	report to the person against whom the penalty may be assessed. The
17	17	notice may be given by regular or certified mail. The notice must:
18	18	(1) include a brief summary of the alleged violation;
19	19	(2) state the amount of the recommended penalty; and
20	20	(3) inform the person that the person has a right to a
21	21	hearing on the occurrence of the violation, the amount of the
22	22	penalty, or both the occurrence of the violation and the amount of
23	23	the penalty.
24	24	(b-1) If the commission sends written notice to a person by
25	25	mail addressed to the person's mailing address as maintained in the
26	26	commission's records, the person is deemed to have received notice:
27	27	(1) on the fifth day after the date that the commission
28	28	sent the written notice, for notice sent by regular mail; or
29	29	(2) on the date the written notice is received or
30	30	delivery is refused, for notice sent by certified mail.
31	31	(e) If the person accepts the executive director's
32	32	determination and recommended penalty or fails to timely respond to
33	33	the notice, the commission by order shall approve the determination
34	34	and impose the recommended penalty or order a hearing on the
35	35	determination and the recommended penalty.
36	36	(f) If the person requests a hearing or the commission
37	37	orders a hearing under Subsection (e) [fails to timely respond to
38	38	the notice], the commission [executive director] shall refer the
39	39	matter to the State Office of Administrative Hearings for [set] a
40	40	hearing and give notice of the referral [hearing] to the person.
41	41	The parties to a proceeding under this subchapter shall be limited
42	42	to the person and the commission, including the independent market
43	43	monitor. The hearing shall be held by an administrative law judge
44	44	of the State Office of Administrative Hearings and notice of the
45	45	hearing must be provided in accordance with Chapter 2001,
46	46	Government Code. The administrative law judge shall make findings
47	47	of fact and conclusions of law and promptly issue to the commission
48	48	a proposal for a decision about the occurrence of the violation and
49	49	the amount of a proposed penalty. Based on the findings of fact,
50	50	conclusions of law, and proposal for a decision, the commission by
51	51	order may find that a violation has occurred and impose a penalty or
52	52	disgorgement order or may find that no violation occurred.
53	53	SECTION 2. The changes in law made by this Act apply only to
54	54	the procedures for an administrative penalty or disgorgement order
55	55	for which a written notice is given under Section 15.024(b),
56	56	Utilities Code, on or after the effective date of this Act. Those
57	57	procedures for a penalty or order for which a written notice is
58	58	given before the effective date of this Act are governed by the law
59	59	in effect on the date the notice is given, and the former law is
60	60	continued in effect for that purpose.
61	61	SECTION 3. This Act takes effect September 1, 2019.