S.B. No. 2011
AN ACT
relating to the authority of the Public Utility Commission of Texas
to impose administrative penalties and enter into voluntary
mitigation plans; increasing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 15.023(b-1) and (f), Utilities Code,
are amended to read as follows:
(b-1) Notwithstanding Subsection (b), the penalty for a
violation of a voluntary mitigation plan entered into under
Subsection (f) or of a provision of Section 35.0021 or 38.075 may be
in an amount not to exceed $1,000,000 for a violation. Each day a
violation continues or occurs is a separate violation for purposes
of imposing a penalty.
(f) The commission and a person may develop and enter into a
voluntary mitigation plan relating to a violation of Section 39.157
or rules adopted by the commission under that section. The
commission may approve the plan only if the commission determines
that the plan is in the public interest. The voluntary mitigation
plan must be reviewed at least once every two years and not later
than the 90th day after the implementation date of a wholesale
market design change. As part of the review, the commission must
determine whether the voluntary mitigation plan remains in the
public interest. If the commission determines that the voluntary
mitigation plan is no longer in the public interest, the commission
and the person must agree to a modification of the plan or the
commission must terminate the plan. Adherence [If the commission
and a person enter into a voluntary mitigation plan, adherence] to
the plan must be considered in determining whether a violation
occurred and, if so, the penalty to be assessed [constitutes an
absolute defense against an alleged violation with respect to
activities covered by the plan].
SECTION 2. The changes in law made by this Act apply only to
a violation committed on or after the effective date of this Act. A
violation committed before the effective date of this Act is
governed by the law in effect when the violation was committed, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2011 passed the Senate on
April 4, 2023, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 25, 2023, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2011 passed the House, with
amendment, on May 23, 2023, by the following vote: Yeas 73,
Nays 67, three present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor