| 1 | 1 | | 88R20559 ANG-F |
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| 2 | 2 | | By: Slawson, et al. H.B. No. 4821 |
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| 3 | 3 | | Substitute the following for H.B. No. 4821: |
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| 4 | 4 | | By: Metcalf C.S.H.B. No. 4821 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the authority of the Public Utility Commission of Texas |
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| 10 | 10 | | to impose administrative penalties and enter into voluntary |
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| 11 | 11 | | mitigation plans; increasing an administrative penalty. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Sections 15.023(b-1) and (f), Utilities Code, |
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| 14 | 14 | | are amended to read as follows: |
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| 15 | 15 | | (b-1) Notwithstanding Subsection (b), the penalty for a |
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| 16 | 16 | | violation of a voluntary mitigation plan entered into under |
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| 17 | 17 | | Subsection (f) or of a provision of Section 35.0021 or 38.075 may be |
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| 18 | 18 | | in an amount not to exceed $1,000,000 for a violation. Each day a |
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| 19 | 19 | | violation continues or occurs is a separate violation for purposes |
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| 20 | 20 | | of imposing a penalty. |
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| 21 | 21 | | (f) The commission and a person may develop and enter into a |
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| 22 | 22 | | voluntary mitigation plan relating to a violation of Section 39.157 |
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| 23 | 23 | | or rules adopted by the commission under that section. The |
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| 24 | 24 | | commission may approve the plan only if the commission determines |
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| 25 | 25 | | that the plan is in the public interest. The voluntary mitigation |
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| 26 | 26 | | plan must be reviewed at least once every two years and not later |
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| 27 | 27 | | than the 90th day after the implementation date of a wholesale |
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| 28 | 28 | | market design change. As part of the review, the commission must |
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| 29 | 29 | | determine whether the voluntary mitigation plan remains in the |
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| 30 | 30 | | public interest. If the commission determines that the voluntary |
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| 31 | 31 | | mitigation plan is no longer in the public interest, the commission |
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| 32 | 32 | | and the person must agree to a modification of the plan or the |
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| 33 | 33 | | commission must terminate the plan. Adherence [If the commission |
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| 34 | 34 | | and a person enter into a voluntary mitigation plan, adherence] to |
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| 35 | 35 | | the plan may be considered in determining whether a violation |
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| 36 | 36 | | occurred and, if so, the penalty to be assessed [constitutes an |
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| 37 | 37 | | absolute defense against an alleged violation with respect to |
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| 38 | 38 | | activities covered by the plan]. |
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| 39 | 39 | | SECTION 2. The changes in law made by this Act apply only to |
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| 40 | 40 | | a violation committed on or after the effective date of this Act. A |
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| 41 | 41 | | violation committed before the effective date of this Act is |
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| 42 | 42 | | governed by the law in effect when the violation was committed, and |
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| 43 | 43 | | the former law is continued in effect for that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2023. |
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