Texas 2021 - 87th Regular

Texas Senate Bill SB1516 Compare Versions

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

Old	New	Differences
1	1	87R1171 JAM-F
2	2	By: Gutierrez S.B. No. 1516
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the imposition of administrative, civil, and criminal
8	8	penalties for violating certain statutes under the jurisdiction of,
9	9	rules or orders adopted by, or licenses, permits, or certificates
10	10	issued by the Railroad Commission of Texas; increasing criminal
11	11	penalties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 81.0531(b), (c), and (d), Natural
14	14	Resources Code, are amended to read as follows:
15	15	(b) The penalty may not exceed:
16	16	(1) $25,000 [$10,000] a day for each violation that is
17	17	not related to pipeline safety; or
18	18	(2) $200,000 a day for each violation that is related
19	19	to pipeline safety.
20	20	(c) In determining the amount of the penalty, the commission
21	21	shall consider the [permittee's history of previous violations, the
22	22	seriousness of the violation, any hazard to the health or safety of
23	23	the public, and the demonstrated good faith of the person charged.
24	24	In determining the amount of the penalty for a violation of a
25	25	provision of this title or a rule, order, license, permit, or
26	26	certificate that relates to pipeline safety, the commission shall
27	27	consider the] guidelines adopted under Subsection (d).
28	28	(d) The commission [by rule] shall adopt guidelines to be
29	29	used in determining the amount of the penalty. The commission shall
30	30	provide an opportunity for public input on the guidelines [for a
31	31	violation of a provision of this title or a rule, order, license,
32	32	permit, or certificate that relates to pipeline safety]. The
33	33	guidelines must [shall] include a penalty calculation worksheet
34	34	that specifies the typical penalty for certain violations,
35	35	circumstances justifying enhancement of a penalty and the amount of
36	36	the enhancement, and circumstances justifying a reduction in a
37	37	penalty and the amount of the reduction. The guidelines must
38	38	provide for different penalties for different violations based on
39	39	the seriousness of the violation and any hazard to the health or
40	40	safety of the public resulting from the violation. The guidelines
41	41	must [shall] take into account:
42	42	(1) the permittee's history of previous violations,
43	43	including the number of previous violations;
44	44	(2) the seriousness of the violation and of any
45	45	pollution resulting from the violation;
46	46	(3) any hazard to the health or safety of the public;
47	47	(4) the degree of culpability;
48	48	(5) the demonstrated good faith of the person charged;
49	49	[and]
50	50	(6) the number of times the permittee's certificate of
51	51	compliance issued under Subchapter P, Chapter 91, has been
52	52	canceled;
53	53	(7) any economic benefit gained through the violation;
54	54	(8) the penalty necessary to deter future violations;
55	55	and
56	56	(9) any other factor the commission considers
57	57	relevant.
58	58	SECTION 2. Section 81.058(d), Natural Resources Code, is
59	59	amended to read as follows:
60	60	(d) An administrative penalty imposed under this section
61	61	may not exceed $25,000 [$5,000] a day for each violation. Each day
62	62	a violation continues or occurs is a separate violation for
63	63	purposes of imposing a penalty under this section.
64	64	SECTION 3. Section 91.002(b), Natural Resources Code, is
65	65	amended to read as follows:
66	66	(b) An offense under Subsection (a) of this section is
67	67	punishable by a fine of not more than $25,000 [$10,000] a day for
68	68	each day a violation is committed.
69	69	SECTION 4. Section 27.101(a), Water Code, is amended to
70	70	read as follows:
71	71	(a) A person who violates any provision of this chapter
72	72	under the jurisdiction of the railroad commission, any rule of the
73	73	railroad commission made under this chapter, or any term,
74	74	condition, or provision of a permit issued by the railroad
75	75	commission under this chapter shall be subject to a civil penalty in
76	76	any sum not exceeding $25,000 [$5,000] for each day of
77	77	noncompliance and for each act of noncompliance. A violation under
78	78	the jurisdiction of the commission is enforceable as provided by
79	79	Chapter 7.
80	80	SECTION 5. Section 27.1011(b), Water Code, is amended to
81	81	read as follows:
82	82	(b) The penalty may not exceed $25,000 [$10,000] a day for
83	83	each violation. Each day a violation continues may be considered a
84	84	separate violation for purposes of penalty assessments.
85	85	SECTION 6. Section 27.105(a), Water Code, is amended to
86	86	read as follows:
87	87	(a) A person who knowingly or intentionally violates a
88	88	provision of this chapter under the jurisdiction of the railroad
89	89	commission, a rule of the railroad commission, or a term,
90	90	condition, or provision of a permit issued by the railroad
91	91	commission under this chapter is subject to a fine of not more than
92	92	$25,000 [$5,000] for each violation and for each day of violation.
93	93	A violation under the jurisdiction of the commission is enforceable
94	94	under Section 7.157.
95	95	SECTION 7. The changes in law made by this Act apply only to
96	96	a violation committed on or after the effective date of this Act. A
97	97	violation committed before the effective date of this Act is
98	98	governed by the law in effect when the violation was committed, and
99	99	the former law is continued in effect for that purpose. For
100	100	purposes of this section, a violation was committed before the
101	101	effective date of this Act if any element of the violation was
102	102	committed before that date.
103	103	SECTION 8. This Act takes effect September 1, 2021.