86R11796 BRG-F
By: Parker H.B. No. 2865
A BILL TO BE ENTITLED
AN ACT
relating to procedures for imposing certain administrative
penalties or disgorgement orders by the Public Utility Commission
of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15.024, Utilities Code, is amended by
amending Subsections (b), (e), and (f) and adding Subsection (b-1)
to read as follows:
(b) Not later than the 14th day after the date the report is
issued, the executive director shall give written notice of the
report to the person against whom the penalty may be assessed. The
notice may be given by regular or certified mail. The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the recommended penalty; and
(3) inform the person that the person has a right to a
hearing on the occurrence of the violation, the amount of the
penalty, or both the occurrence of the violation and the amount of
the penalty.
(b-1) If the commission sends written notice to a person by
mail addressed to the person's mailing address as maintained in the
commission's records, the person is deemed to have received notice:
(1) on the fifth day after the date that the commission
sent the written notice, for notice sent by regular mail; or
(2) on the date the written notice is received or
delivery is refused, for notice sent by certified mail.
(e) If the person accepts the executive director's
determination and recommended penalty or fails to timely respond to
the notice, the commission by order shall approve the determination
and impose the recommended penalty or order a hearing on the
determination and the recommended penalty.
(f) If the person requests a hearing or the commission
orders a hearing under Subsection (e) [fails to timely respond to
the notice], the commission [executive director] shall refer the
matter to the State Office of Administrative Hearings for [set] a
hearing and give notice of the referral [hearing] to the person.
The parties to a proceeding under this subchapter shall be limited
to the person and the commission, including the independent market
monitor. The hearing shall be held by an administrative law judge
of the State Office of Administrative Hearings and notice of the
hearing must be provided in accordance with Chapter 2001,
Government Code. The administrative law judge shall make findings
of fact and conclusions of law and promptly issue to the commission
a proposal for a decision about the occurrence of the violation and
the amount of a proposed penalty. Based on the findings of fact,
conclusions of law, and proposal for a decision, the commission by
order may find that a violation has occurred and impose a penalty or
disgorgement order or may find that no violation occurred.
SECTION 2. The changes in law made by this Act apply only to
the procedures for an administrative penalty or disgorgement order
for which a written notice is given under Section 15.024(b),
Utilities Code, on or after the effective date of this Act. Those
procedures for a penalty or order for which a written notice is
given before the effective date of this Act are governed by the law
in effect on the date the notice is given, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.