Texas 2023 - 88th Regular

Texas Senate Bill SB2011 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 2011
2	2
3	3
4	4	AN ACT
5	5	relating to the authority of the Public Utility Commission of Texas
6	6	to impose administrative penalties and enter into voluntary
7	7	mitigation plans; increasing an administrative penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 15.023(b-1) and (f), Utilities Code,
10	10	are amended to read as follows:
11	11	(b-1) Notwithstanding Subsection (b), the penalty for a
12	12	violation of a voluntary mitigation plan entered into under
13	13	Subsection (f) or of a provision of Section 35.0021 or 38.075 may be
14	14	in an amount not to exceed $1,000,000 for a violation. Each day a
15	15	violation continues or occurs is a separate violation for purposes
16	16	of imposing a penalty.
17	17	(f) The commission and a person may develop and enter into a
18	18	voluntary mitigation plan relating to a violation of Section 39.157
19	19	or rules adopted by the commission under that section. The
20	20	commission may approve the plan only if the commission determines
21	21	that the plan is in the public interest. The voluntary mitigation
22	22	plan must be reviewed at least once every two years and not later
23	23	than the 90th day after the implementation date of a wholesale
24	24	market design change. As part of the review, the commission must
25	25	determine whether the voluntary mitigation plan remains in the
26	26	public interest. If the commission determines that the voluntary
27	27	mitigation plan is no longer in the public interest, the commission
28	28	and the person must agree to a modification of the plan or the
29	29	commission must terminate the plan. Adherence [If the commission
30	30	and a person enter into a voluntary mitigation plan, adherence] to
31	31	the plan must be considered in determining whether a violation
32	32	occurred and, if so, the penalty to be assessed [constitutes an
33	33	absolute defense against an alleged violation with respect to
34	34	activities covered by the plan].
35	35	SECTION 2. The changes in law made by this Act apply only to
36	36	a violation committed on or after the effective date of this Act. A
37	37	violation committed before the effective date of this Act is
38	38	governed by the law in effect when the violation was committed, and
39	39	the former law is continued in effect for that purpose.
40	40	SECTION 3. This Act takes effect September 1, 2023.
41	41	______________________________ ______________________________
42	42	President of the Senate Speaker of the House
43	43	I hereby certify that S.B. No. 2011 passed the Senate on
44	44	April 4, 2023, by the following vote: Yeas 31, Nays 0; and that
45	45	the Senate concurred in House amendment on May 25, 2023, by the
46	46	following vote: Yeas 31, Nays 0.
47	47	______________________________
48	48	Secretary of the Senate
49	49	I hereby certify that S.B. No. 2011 passed the House, with
50	50	amendment, on May 23, 2023, by the following vote: Yeas 73,
51	51	Nays 67, three present not voting.
52	52	______________________________
53	53	Chief Clerk of the House
54	54	Approved:
55	55	______________________________
56	56	Date
57	57	______________________________
58	58	Governor