Tex.
Utils. Code Section 105.023
Civil Penalty Against Gas Utility or Affiliate
(a)
A gas utility or affiliate is subject to a civil penalty if the gas utility or affiliate knowingly violates this subtitle, fails to perform a duty imposed on it, or fails, neglects, or refuses to obey an order, rule, direction, or requirement of the railroad commission or a decree or judgment of a court.(b)
A civil penalty under this section shall be in an amount of not less than $1,000 and not more than $5,000 for each violation.(b-1)
Notwithstanding Subsection (b), a civil penalty under this section shall be in an amount of not less than $1,000 and not more than $1,000,000 for each violation of Section 104.258 (Disconnection of Gas Service)(c).(c)
A gas utility or affiliate commits a separate violation each day it continues to violate Subsection (a).(d)
The attorney general shall file in the name of the railroad commission a suit on the attorney general’s own initiative or at the request of the commission to recover the civil penalty under this section.(e)
The railroad commission by rule shall establish a classification system to be used by a court under this subchapter for violations of Section 104.258 (Disconnection of Gas Service)(c) that includes a range of penalties that may be recovered for each class of violation based on:(1)
the seriousness of the violation, including:(A)
the nature, circumstances, extent, and gravity of a prohibited act; and(B)
the hazard or potential hazard created to the health, safety, or economic welfare of the public;(2)
the history of previous violations;(3)
the amount necessary to deter future violations;(4)
efforts to correct the violation; and(5)
any other matter that justice may require.(f)
The classification system established under Subsection (e) shall provide that 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.
Source:
Section 105.023 — Civil Penalty Against Gas Utility or Affiliate, https://statutes.capitol.texas.gov/Docs/UT/htm/UT.105.htm#105.023 (accessed Jun. 5, 2024).
