88R5949 ANG-D
By: Rosenthal H.B. No. 3181
A BILL TO BE ENTITLED
AN ACT
relating to preparation for and response to weather emergencies
that affect certain natural gas facilities; increasing the amount
of civil and administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 86.044(c), Natural Resources Code, is
amended to read as follows:
(c) The commission by rule shall require a gas supply chain
facility operator to implement measures to prepare to operate
during a weather emergency. In adopting the rules, the commission
shall take into consideration weather predictions produced by the
office of the state climatologist. The rules must include a process
that allows the commission to require a gas supply chain facility
operator to implement measures recommended by the commission in a
weather emergency preparedness report under Section 186.008(b)(4),
Utilities Code.
SECTION 2. Section 86.222(d), Natural Resources Code, is
amended to read as follows:
(d) The [classification] system established under
Subsection (c) must [shall] provide that a violation is punishable
by a penalty of, after taking into account the factors described by
Subsection (c):
(1) at least $100 and not more than $1,000 for the
first violation;
(2) at least $1,000 and not more than $50,000 for the
second violation; and
(3) at least $50,000 and not more than $1,000,000 for
the third violation and each subsequent violation [a penalty in an
amount that exceeds $5,000 may be recovered only if the violation is
included in the highest class of violations in the classification
system].
SECTION 3. Section 121.2015(a-1), Utilities Code, is
amended to read as follows:
(a-1) In adopting rules under Subsection (a)(3), the
railroad commission shall take into consideration weather
predictions produced by the office of the state climatologist. The
rules must include a process that allows the railroad commission to
require a gas pipeline facility operator to implement measures
recommended by the railroad commission in a weather emergency
preparedness report under Section 186.008(b)(4), Utilities Code.
SECTION 4. Section 121.206(e), Utilities Code, is amended
to read as follows:
(e) The guidelines adopted under Subsection (d) must
provide that a violation of a rule adopted under Section
121.2015(a)(3) is punishable by a penalty of, after taking into
account the factors described by Subsection (d):
(1) at least $100 and not more than $1,000 for the
first violation;
(2) at least $1,000 and not more than $50,000 for the
second violation; and
(3) at least $50,000 and not more than $1,000,000 for
the third violation and each subsequent violation [in an amount
that exceeds $5,000 for a violation of a rule adopted under Section
121.2015(a)(3) may be assessed only if circumstances justify the
enhancement of the penalty].
SECTION 5. The changes in law made by this Act to Section
86.222, Natural Resources Code, and Section 121.206, Utilities
Code, as amended by this Act, apply only to a violation that occurs
on or after the effective date of the rules adopted by the Railroad
Commission of Texas under Section 86.222, Natural Resources Code,
or Section 121.206, Utilities Code, as amended by this Act. A
violation that occurs before the effective date of the rules
adopted by the Railroad Commission of Texas under Section 86.222,
Natural Resources Code, or Section 121.206, Utilities Code, as
amended by this Act, is governed by the law in effect on the date the
violation occurred, and that law is continued in effect for that
purpose.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.