Sec. 121.207. PIPELINE SAFETY ADMINISTRATIVE PENALTY: ASSESSMENT PROCEDURE. (a) An administrative penalty may be assessed only after a person charged under Section 121.206 has been given an opportunity for a public hearing.
(b) If a public hearing is held, the railroad commission shall make findings of fact and shall issue a written decision as to the occurrence of the violation and the penalty amount warranted by the violation, incorporating, if appropriate, an order requiring that the penalty be paid.
(c) If appropriate, the railroad commission shall consolidate the hearings with other proceedings under Section 121.206.
(d) If a person charged under Section 121.206 fails to take advantage of the opportunity for a public hearing, an administrative penalty may be assessed by the railroad commission after it has determined:
(1) that a violation occurred; and
(2) the penalty amount warranted by the violation.
(e) After assessing an administrative penalty, the railroad commission shall issue an order requiring the penalty to be paid.
(f) Not later than the 30th day after the date an order is issued finding that a violation described under Section 121.206 occurred, the railroad commission shall inform the person found in violation of the amount of the penalty.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Structure Texas Statutes
Subtitle B - Regulation of Transportation and Use
Section 121.201. Safety Rules; Railroad Commission Power Under Delegated Federal Authority
Section 121.2015. Required Safety Rules
Section 121.202. Municipal and County Authority
Section 121.2025. Authority of Municipality to Assess Charges
Section 121.203. Enforcement: Injunction
Section 121.204. Civil Penalty
Section 121.205. Settlement by Attorney General
Section 121.206. Administrative Penalty for Violation of Pipeline Safety Standard or Rule
Section 121.207. Pipeline Safety Administrative Penalty: Assessment Procedure
Section 121.208. Pipeline Safety Administrative Penalty: Payment of Penalty
Section 121.209. Pipeline Safety Administrative Penalty: Refund of Payment or Release of Bond
Section 121.210. Recovery by Attorney General
Section 121.211. Pipeline Safety and Regulatory Fees
Section 121.213. Installation, Removal, and Replacement of Certain Pipelines