89R3761 ANG-D     By: Rosenthal H.B. No. 575       A BILL TO BE ENTITLED   AN ACT   relating to preparation for and response to weather emergencies   that affect certain natural gas facilities; increasing the amount   of civil and administrative penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 86.044(c), Natural Resources Code, is   amended to read as follows:          (c)  The commission by rule shall require a gas supply chain   facility operator to implement measures to prepare to operate   during a weather emergency. In adopting the rules, the commission   shall take into consideration weather predictions produced by the   office of the state climatologist. The rules must include a process   that allows the commission to require a gas supply chain facility   operator to implement measures recommended by the commission in a   weather emergency preparedness report under Section 186.008(b)(4),   Utilities Code.          SECTION 2.  Section 86.222(d), Natural Resources Code, is   amended to read as follows:          (d)  The [classification] system established under   Subsection (c) must [shall] provide that a violation is punishable   by a penalty of, after taking into account the factors described by   Subsection (c):                (1)  at least $100 and not more than $1,000 for the   first violation;                (2)  at least $1,000 and not more than $50,000 for the   second violation; and                (3)  at least $50,000 and not more than $1,000,000 for   the third violation and each subsequent violation [a penalty in an   amount that exceeds $5,000 may be recovered only if the violation is   included in the highest class of violations in the classification   system].          SECTION 3.  Section 121.2015(a-1), Utilities Code, is   amended to read as follows:          (a-1)  In adopting rules under Subsection (a)(3), the   railroad commission shall take into consideration weather   predictions produced by the office of the state climatologist. The   rules must include a process that allows the railroad commission to   require a gas pipeline facility operator to implement measures   recommended by the railroad commission in a weather emergency   preparedness report under Section 186.008(b)(4).          SECTION 4.  Section 121.206(e), Utilities Code, is amended   to read as follows:          (e)  The guidelines adopted under Subsection (d) must   provide that a violation of a rule adopted under Section   121.2015(a)(3) is punishable by a penalty of, after taking into   account the factors described by Subsection (d):                (1)  at least $100 and not more than $1,000 for the   first violation;                (2)  at least $1,000 and not more than $50,000 for the   second violation; and                (3)  at least $50,000 and not more than $1,000,000 for   the third violation and each subsequent violation [in an amount   that exceeds $5,000 for a violation of a rule adopted under Section   121.2015(a)(3) may be assessed only if circumstances justify the   enhancement of the penalty].          SECTION 5.  The changes in law made by this Act to Section   86.222, Natural Resources Code, and Section 121.206, Utilities   Code, as amended by this Act, apply only to a violation that occurs   on or after the effective date of the rules adopted by the Railroad   Commission of Texas under Section 86.222, Natural Resources Code,   or Section 121.206, Utilities Code, as amended by this Act. A   violation that occurs before the effective date of the rules   adopted by the Railroad Commission of Texas under Section 86.222,   Natural Resources Code, or Section 121.206, Utilities Code, as   amended by this Act, is governed by the law in effect on the date the   violation occurred, and that law is continued in effect for that   purpose.          SECTION 6.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.