Bill Text: TX HB4821 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: 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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-05-02 - Committee report sent to Calendars [HB4821 Detail]
Download: Texas-2023-HB4821-Comm_Sub.html
88R20559 ANG-F | |||
By: Slawson, et al. | H.B. No. 4821 | ||
Substitute the following for H.B. No. 4821: | |||
By: Metcalf | C.S.H.B. No. 4821 |
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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 [ |
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the plan may be considered in determining whether a violation | ||
occurred and, if so, the penalty to be assessed [ |
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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. |