Bill Text: TX HB860 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the imposition of administrative, civil, and criminal penalties for violating certain statutes under the jurisdiction of, rules or orders adopted by, or licenses, permits, or certificates issued by the Railroad Commission of Texas; increasing criminal penalties.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2019-02-25 - Referred to Energy Resources [HB860 Detail]
Download: Texas-2019-HB860-Introduced.html
86R240 JAM-F | ||
By: Anchia | H.B. No. 860 |
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relating to the imposition of administrative, civil, and criminal | ||
penalties for violating certain statutes under the jurisdiction of, | ||
rules or orders adopted by, or licenses, permits, or certificates | ||
issued by the Railroad Commission of Texas; increasing criminal | ||
penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 81.0531(b), (c), and (d), Natural | ||
Resources Code, are amended to read as follows: | ||
(b) The penalty may not exceed: | ||
(1) $25,000 [ |
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not related to pipeline safety; or | ||
(2) $200,000 a day for each violation that is related | ||
to pipeline safety. | ||
(c) In determining the amount of the penalty, the commission | ||
shall consider the [ |
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(d) The commission [ |
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used in determining the amount of the penalty. The commission shall | ||
provide an opportunity for public input on the guidelines [ |
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guidelines must [ |
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that specifies the typical penalty for certain violations, | ||
circumstances justifying enhancement of a penalty and the amount of | ||
the enhancement, and circumstances justifying a reduction in a | ||
penalty and the amount of the reduction. The guidelines must | ||
provide for different penalties for different violations based on | ||
the seriousness of the violation and any hazard to the health or | ||
safety of the public resulting from the violation. The guidelines | ||
must [ |
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(1) the permittee's history of previous violations, | ||
including the number of previous violations; | ||
(2) the seriousness of the violation and of any | ||
pollution resulting from the violation; | ||
(3) any hazard to the health or safety of the public; | ||
(4) the degree of culpability; | ||
(5) the demonstrated good faith of the person charged; | ||
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(6) the number of times the permittee's certificate of | ||
compliance issued under Subchapter P, Chapter 91, has been | ||
canceled; | ||
(7) any economic benefit gained through the violation; | ||
(8) the penalty necessary to deter future violations; | ||
and | ||
(9) any other factor the commission considers | ||
relevant. | ||
SECTION 2. Section 81.058(d), Natural Resources Code, is | ||
amended to read as follows: | ||
(d) An administrative penalty imposed under this section | ||
may not exceed $25,000 [ |
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a violation continues or occurs is a separate violation for | ||
purposes of imposing a penalty under this section. | ||
SECTION 3. Section 91.002(b), Natural Resources Code, is | ||
amended to read as follows: | ||
(b) An offense under Subsection (a) of this section is | ||
punishable by a fine of not more than $25,000 [ |
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each day a violation is committed. | ||
SECTION 4. Section 27.101(a), Water Code, is amended to | ||
read as follows: | ||
(a) A person who violates any provision of this chapter | ||
under the jurisdiction of the railroad commission, any rule of the | ||
railroad commission made under this chapter, or any term, | ||
condition, or provision of a permit issued by the railroad | ||
commission under this chapter shall be subject to a civil penalty in | ||
any sum not exceeding $25,000 [ |
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noncompliance and for each act of noncompliance. A violation under | ||
the jurisdiction of the commission is enforceable as provided by | ||
Chapter 7. | ||
SECTION 5. Section 27.1011(b), Water Code, is amended to | ||
read as follows: | ||
(b) The penalty may not exceed $25,000 [ |
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each violation. Each day a violation continues may be considered a | ||
separate violation for purposes of penalty assessments. | ||
SECTION 6. Section 27.105(a), Water Code, is amended to | ||
read as follows: | ||
(a) A person who knowingly or intentionally violates a | ||
provision of this chapter under the jurisdiction of the railroad | ||
commission, a rule of the railroad commission, or a term, | ||
condition, or provision of a permit issued by the railroad | ||
commission under this chapter is subject to a fine of not more than | ||
$25,000 [ |
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A violation under the jurisdiction of the commission is enforceable | ||
under Section 7.157. | ||
SECTION 7. 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. For | ||
purposes of this section, a violation was committed before the | ||
effective date of this Act if any element of the violation was | ||
committed before that date. | ||
SECTION 8. This Act takes effect September 1, 2019. |