85R3439 JAM-F     By: Anchia H.B. No. 2932       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, 2017.