Bill Text: TX SB942 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the creation and funding of the Railroad Commission of Texas operating account; providing a penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-18 - Referred to s/c on Fiscal Matters by Chair [SB942 Detail]
Download: Texas-2013-SB942-Introduced.html
By: Davis | S.B. No. 942 | |
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relating to the creation and funding of the Railroad Commission of | ||
Texas operating account; providing a penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 81, Natural Resources | ||
Code, is amended by adding Section 81.021 to read as follows: | ||
Sec. 81.021. RAILROAD COMMISSION OF TEXAS OPERATING | ||
ACCOUNT. (a) The Railroad Commission of Texas operating account | ||
is an account in the general revenue fund. | ||
(b) Money in the account may be appropriated only to the | ||
commission for the operation of the commission. | ||
SECTION 2. Section 81.058, Natural Resources Code, is | ||
amended by adding Subsection (g) to read as follows: | ||
(g) An administrative penalty imposed under this section | ||
shall be deposited to the credit of the Railroad Commission of Texas | ||
operating account established under Section 81.021. | ||
SECTION 3. Subchapter K, Chapter 85, Natural Resources | ||
Code, is amended by adding Section 85.390 to read as follows: | ||
Sec. 85.390. DISPOSITION OF CERTAIN PENALTIES. A penalty | ||
collected under Section 85.385 or 85.3855 shall be deposited to the | ||
credit of the Railroad Commission of Texas operating account | ||
established under Section 81.021. | ||
SECTION 4. Section 111.261, Natural Resources Code, is | ||
amended to read as follows: | ||
Sec. 111.261. PENALTY RECOVERABLE BY STATE. (a) A common | ||
carrier under this chapter is subject to a penalty of not less than | ||
$100 nor more than $25,000 [ |
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in the name of the state, if the common carrier: | ||
(1) violates Section 111.013 through 111.024, | ||
111.134, 111.135, 111.138, 111.139, 111.141, or 111.142 of this | ||
code or a valid order of the commission; or | ||
(2) fails to perform a duty imposed by Section 111.013 | ||
through 111.024, 111.134, 111.135, 111.138, 111.139, 111.141, or | ||
111.142 of this code. | ||
(b) A penalty collected under this section shall be | ||
deposited to the credit of the Railroad Commission of Texas | ||
operating account established under Section 81.021. | ||
SECTION 5. Section 111.263, Natural Resources Code, is | ||
amended by adding Subsection (a-1) to read as follows: | ||
(a-1) Except as provided by Subsection (b), a penalty | ||
recovered under this section shall be deposited to the credit of the | ||
Railroad Commission of Texas operating account established under | ||
Section 81.021. | ||
SECTION 6. Section 116.143, Natural Resources Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) A penalty collected under this section shall be | ||
deposited to the credit of the Railroad Commission of Texas | ||
operating account established under Section 81.021. | ||
SECTION 7. Section 117.051, Natural Resources Code, is | ||
amended to read as follows: | ||
Sec. 117.051. CIVIL PENALTY. (a) A person who violates | ||
this chapter or a rule adopted by the commission under this chapter | ||
is subject to a civil penalty of not less than $50 nor more than | ||
$25,000 for each act of violation and for each day of violation, | ||
provided that the maximum civil penalty that may be assessed for any | ||
related series of violations may not exceed $500,000. | ||
(b) A penalty collected under this section shall be | ||
deposited to the credit of the Railroad Commission of Texas | ||
operating account established under Section 81.021. | ||
SECTION 8. Section 134.178, Natural Resources Code, is | ||
amended to read as follows: | ||
Sec. 134.178. RECOVERY OF ADMINISTRATIVE PENALTY. (a) The | ||
attorney general at the request of the commission may bring a civil | ||
action to recover an administrative penalty owed under this | ||
chapter. | ||
(b) An administrative penalty collected under this chapter | ||
shall be deposited to the credit of the Railroad Commission of Texas | ||
operating account established under Section 81.021. | ||
SECTION 9. Section 141.016, Natural Resources Code, is | ||
amended to read as follows: | ||
Sec. 141.016. RECOVERY OF PENALTY. Civil penalties owed | ||
under Sections 141.013-141.015 [ |
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civil action brought by the attorney general at the request of the | ||
commission and shall be deposited on collection to the credit of the | ||
Railroad Commission of Texas operating account established under | ||
Section 81.021. | ||
SECTION 10. Section 105.027, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 105.027. DISPOSITION OF FINES AND PENALTIES. A fine or | ||
penalty collected under this subtitle, other than a fine or penalty | ||
collected in a criminal proceeding, shall be deposited to the | ||
credit of the Railroad Commission of Texas operating account | ||
established under Section 81.021, Natural Resources Code [ |
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SECTION 11. Subchapter E, Chapter 121, Utilities Code, is | ||
amended by adding Section 121.212 to read as follows: | ||
Sec. 121.212. DISPOSITION OF CERTAIN PENALTIES. An | ||
administrative or civil penalty collected under this subchapter | ||
shall be deposited to the credit of the Railroad Commission of Texas | ||
operating account established under Section 81.021, Natural | ||
Resources Code. | ||
SECTION 12. Subchapter G, Chapter 121, Utilities Code, is | ||
amended by adding Section 121.311 to read as follows: | ||
Sec. 121.311. DISPOSITION OF CERTAIN PENALTIES. An | ||
administrative or civil penalty collected under this subchapter | ||
shall be deposited to the credit of the Railroad Commission of Texas | ||
operating account established under Section 81.021, Natural | ||
Resources Code. | ||
SECTION 13. Section 27.101, Water Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) A penalty collected under this section shall be | ||
deposited to the credit of the Railroad Commission of Texas | ||
operating account established under Section 81.021, Natural | ||
Resources Code. | ||
SECTION 14. Section 27.1014, Water Code, is amended to read | ||
as follows: | ||
Sec. 27.1014. RECOVERY OF PENALTY. Civil penalties owed | ||
under Sections 27.1011-27.1013 [ |
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civil action brought by the attorney general at the request of the | ||
railroad commission and shall be deposited on collection to the | ||
credit of the Railroad Commission of Texas operating account | ||
established under Section 81.021, Natural Resources Code. | ||
SECTION 15. This Act takes effect September 1, 2013. |