Texas 2025 - 89th Regular

Texas House Bill HB2891 Compare Versions

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

Old	New	Differences
1	1	89R8874 KRM-F
2	2	By: Anchía H.B. No. 2891
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the imposition of administrative, civil, and criminal
10	10	penalties for violating certain statutes under the jurisdiction of,
11	11	rules or orders adopted by, or licenses, permits, or certificates
12	12	issued by the Railroad Commission of Texas; increasing criminal
13	13	penalties.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Sections 81.0531(b), (c), and (d), Natural
16	16	Resources Code, are amended to read as follows:
17	17	(b) The penalty may not exceed:
18	18	(1) $25,000 [$10,000] a day for each violation that is
19	19	not related to pipeline safety; or
20	20	(2) $200,000 a day for each violation that is related
21	21	to pipeline safety.
22	22	(c) In determining the amount of the penalty, the commission
23	23	shall consider the [permittee's history of previous violations, the
24	24	seriousness of the violation, any hazard to the health or safety of
25	25	the public, and the demonstrated good faith of the person charged.
26	26	In determining the amount of the penalty for a violation of a
27	27	provision of this title or a rule, order, license, permit, or
28	28	certificate that relates to pipeline safety, the commission shall
29	29	consider the] guidelines adopted under Subsection (d).
30	30	(d) The commission [by rule] shall adopt guidelines to be
31	31	used in determining the amount of the penalty. The commission shall
32	32	provide an opportunity for public input on the guidelines [for a
33	33	violation of a provision of this title or a rule, order, license,
34	34	permit, or certificate that relates to pipeline safety]. The
35	35	guidelines must [shall] include a penalty calculation worksheet
36	36	that specifies the typical penalty for certain violations,
37	37	circumstances justifying enhancement of a penalty and the amount of
38	38	the enhancement, and circumstances justifying a reduction in a
39	39	penalty and the amount of the reduction. The guidelines must
40	40	provide for different penalties for different violations based on
41	41	the seriousness of the violation and any hazard to the health or
42	42	safety of the public resulting from the violation. The guidelines
43	43	must [shall] take into account:
44	44	(1) the permittee's history of previous violations,
45	45	including the number of previous violations;
46	46	(2) the seriousness of the violation and of any
47	47	pollution resulting from the violation;
48	48	(3) any hazard to the health or safety of the public;
49	49	(4) the degree of culpability;
50	50	(5) the demonstrated good faith of the person charged;
51	51	[and]
52	52	(6) the number of times the permittee's certificate of
53	53	compliance issued under Subchapter P, Chapter 91, has been
54	54	canceled;
55	55	(7) any economic benefit gained through the violation;
56	56	(8) the penalty necessary to deter future violations;
57	57	and
58	58	(9) any other factor the commission considers
59	59	relevant.
60	60	SECTION 2. Section 81.058(d), Natural Resources Code, is
61	61	amended to read as follows:
62	62	(d) An administrative penalty imposed under this section
63	63	may not exceed $25,000 [$5,000] a day for each violation. Each day
64	64	a violation continues or occurs is a separate violation for
65	65	purposes of imposing a penalty under this section.
66	66	SECTION 3. Section 91.002(b), Natural Resources Code, is
67	67	amended to read as follows:
68	68	(b) An offense under Subsection (a) [of this section] is
69	69	punishable by a fine of not more than $25,000 [$10,000] a day for
70	70	each day a violation is committed.
71	71	SECTION 4. Section 27.101(a), Water Code, is amended to
72	72	read as follows:
73	73	(a) A person who violates any provision of this chapter
74	74	under the jurisdiction of the railroad commission, any rule of the
75	75	railroad commission made under this chapter, or any term,
76	76	condition, or provision of a permit issued by the railroad
77	77	commission under this chapter shall be subject to a civil penalty in
78	78	any sum not exceeding $25,000 [$5,000] for each day of
79	79	noncompliance and for each act of noncompliance. A violation under
80	80	the jurisdiction of the commission is enforceable as provided by
81	81	Chapter 7.
82	82	SECTION 5. Section 27.1011(b), Water Code, is amended to
83	83	read as follows:
84	84	(b) The penalty may not exceed $25,000 [$10,000] a day for
85	85	each violation. Each day a violation continues may be considered a
86	86	separate violation for purposes of penalty assessments.
87	87	SECTION 6. Section 27.105(a), Water Code, is amended to
88	88	read as follows:
89	89	(a) A person who knowingly or intentionally violates a
90	90	provision of this chapter under the jurisdiction of the railroad
91	91	commission, a rule of the railroad commission, or a term,
92	92	condition, or provision of a permit issued by the railroad
93	93	commission under this chapter is subject to a fine of not more than
94	94	$25,000 [$5,000] for each violation and for each day of violation.
95	95	A violation under the jurisdiction of the commission is enforceable
96	96	under Section 7.157.
97	97	SECTION 7. The changes in law made by this Act apply only to
98	98	a violation committed on or after the effective date of this Act. A
99	99	violation committed before the effective date of this Act is
100	100	governed by the law in effect when the violation was committed, and
101	101	the former law is continued in effect for that purpose. For
102	102	purposes of this section, a violation was committed before the
103	103	effective date of this Act if any element of the violation was
104	104	committed before that date.
105	105	SECTION 8. This Act takes effect September 1, 2025.