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A BILL TO BE ENTITLED
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AN ACT
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relating to gas pipeline operator reporting of pipeline incidents; |
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clarifying changes to related administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 121.206(a) and (d), Utilities Code, are |
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amended to read as follows: |
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(a) The railroad commission may assess an administrative |
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penalty against a person who violates Section 121.201 or a safety |
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standard or other rule prescribed or adopted under this subchapter |
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[that section]. |
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(d) The railroad commission by rule shall adopt guidelines |
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to be used in determining the amount of a penalty under this |
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subchapter. The guidelines shall include a penalty calculation |
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worksheet that specifies the typical penalty for certain |
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violations, circumstances justifying enhancement of a penalty and |
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the amount of the enhancement, and circumstances justifying a |
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reduction in a penalty and the amount of the reduction. The |
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guidelines shall take into account: |
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(1) the person's history of previous violations of |
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Section 121.201 or a safety standard or other rule prescribed or |
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adopted under this subchapter [that section], including the number |
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of previous violations; |
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(2) the seriousness of the violation and of any |
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pollution resulting from the violation; |
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(3) any hazard to the health or safety of the public; |
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(4) the degree of culpability; |
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(5) the demonstrated good faith of the person charged; |
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and |
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(6) any other factor the commission considers |
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relevant. |
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SECTION 2. Subchapter E, Chapter 121, Utilities Code, is |
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amended by adding Section 121.214 to read as follows: |
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Sec. 121.214. PIPELINE INCIDENT NOTIFICATION. (a) The |
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railroad commission by rule shall require a distribution gas |
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pipeline facility operator to notify the commission of each event |
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involving a release of gas from its pipelines that results in one or |
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more of the following consequences: |
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(1) a death or a personal injury necessitating |
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inpatient hospitalization; |
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(2) estimated property damage of $50,000 or more, |
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including loss to the operator, loss to others, or both, but |
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excluding cost of gas lost; or |
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(3) unintentional estimated gas loss of three million |
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cubic feet or more. |
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(b) The rules must require that the distribution gas |
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pipeline facility operator notify the commission of an event before |
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the expiration of two hours following the operator's discovery of |
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the event. |
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SECTION 3. The Railroad Commission of Texas shall adopt the |
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rules required by Section 121.214, Utilities Code, as added by this |
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Act, not later than December 31, 2019. |
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SECTION 4. This Act takes effect September 1, 2019. |