Texas Statutes
Subchapter G. Enforcement Remedies
Section 121.304. Pollution or Public Safety Administrative Penalty

Sec. 121.304. POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE PENALTY. (a) The railroad commission may assess an administrative penalty against a gas utility that violates this chapter, fails to perform a duty imposed by this chapter, or fails to comply with an order of the railroad commission issued under this chapter and applicable to the gas utility if the violation:
(1) results in pollution of the air or water of this state; or
(2) poses a threat to the public safety.
(b) The penalty for each violation or failure that is not related to pipeline safety may not exceed $10,000 a day. The penalty for each violation or failure that is related to pipeline safety may not exceed $200,000 a day. Each day a violation continues may be considered a separate violation for purposes of penalty assessment, provided that the maximum penalty that may be assessed for any related series of violations related to pipeline safety may not exceed $2 million.
(c) In determining the amount of the penalty, the railroad commission shall consider:
(1) the gas utility's history of previous violations of this chapter;
(2) the seriousness of the violation; and
(3) any hazard to the health or safety of the public.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 104 (S.B. 900), Sec. 9, eff. September 1, 2013.

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