Anchía bill raising Railroad Commission fines

The text as introduced · 865 words

89R8874 KRM-F

By: Anchía
H.B. No. 2891

A BILL TO BE ENTITLED

AN ACT

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 [ $10,000 ] a day for each violation that is

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 [ permittee's history of previous violations, the

seriousness of the violation, any hazard to the health or safety of

the public, and the demonstrated good faith of the person charged.

In determining the amount of the penalty for a violation of a

provision of this title or a rule, order, license, permit, or

certificate that relates to pipeline safety, the commission shall

consider the ] guidelines adopted under Subsection (d).

(d) The commission [ by rule ] shall adopt guidelines to be

used in determining the amount of the penalty . The commission shall

provide an opportunity for public input on the guidelines [ for a

violation of a provision of this title or a rule, order, license,

permit, or certificate that relates to pipeline safety ]. The

guidelines must [ shall ] include a penalty calculation worksheet

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 [ shall ] take into account:

(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;

[ and ]

(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 [ $5,000 ] a day for each violation. Each day

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 [ $10,000 ] a day for

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 [ $5,000 ] for each day of

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 [ $10,000 ] a day for

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 [ $5,000 ] for each violation and for each day of violation.

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, 2025.