Tex. Utils. Code Section 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.

Source: Section 121.304 — Pollution or Public Safety Administrative Penalty, https://statutes.­capitol.­texas.­gov/Docs/UT/htm/UT.­121.­htm#121.­304 (accessed Jun. 5, 2024).

121.001
Definition of Gas Utility 121.002
Affiliate of Gas Utility Excluded 121.003
Agricultural Service Excluded 121.004
Transportation of Gas Solely for Interstate Commerce Excluded 121.005
Transportation of Gas in Vicinity of Place of Production Excluded 121.006
Vehicle Fuel Excluded 121.007
Transportation of Gas to and from Liquefied Natural Gas Marine Terminal Excluded 121.008
Certain Storage Facilities Owned by Electric Cooperatives Excluded 121.051
Gas Utility: Public Interest and Jurisdiction of Railroad Commission 121.052
Pipelines: Monopolies Subject to Railroad Commission 121.101
Maintenance of Office and Records in This State 121.102
Operator’s Report 121.103
Duty to Serve Certain Users Extinguished 121.104
Discrimination in Service and Charges Prohibited 121.151
Railroad Commission Regulation of Gas Pipelines 121.152
Initiation of Regulatory Proceeding 121.153
Railroad Commission Review of Gas Pipeline Orders and Agreements 121.154
Refund of Excess Charges 121.155
Rate Reduction or Determination by Municipality and Appeal 121.157
Railroad Commission Employees 121.158
Payment from the General Revenue Fund 121.201
Safety Rules 121.202
Municipal and County Authority 121.203
Enforcement: Injunction 121.204
Civil Penalty 121.205
Settlement by Attorney General 121.206
Administrative Penalty for Violation of Pipeline Safety Standard or Rule 121.207
Pipeline Safety Administrative Penalty: Assessment Procedure 121.208
Pipeline Safety Administrative Penalty: Payment of Penalty 121.209
Pipeline Safety Administrative Penalty: Refund of Payment or Release of Bond 121.210
Recovery by Attorney General 121.211
Pipeline Safety and Regulatory Fees 121.213
Installation, Removal, and Replacement of Certain Pipelines 121.214
Pipeline Incident Reporting and Records 121.251
Railroad Commission to Investigate Use of Gas Malodorants 121.252
Regulation of Use of Malodorants 121.253
Interstate Transportation of Gas Excluded 121.301
Receivership 121.302
Civil Penalty 121.303
Penalty Recoverable by Victim of Discrimination 121.304
Pollution or Public Safety Administrative Penalty 121.305
Pollution or Public Safety Administrative Penalty: Assessment Procedure 121.306
Pollution or Public Safety Administrative Penalty: Payment of Penalty 121.307
Pollution or Public Safety Administrative Penalty: Appeals 121.308
Pollution or Public Safety Administrative Penalty: Refund of Payment or Release of Bond 121.309
Pollution or Public Safety Administrative Penalty: Recovery 121.310
Criminal Penalty 121.401
Appeal to Court 121.402
Appeal: Burden and Standard of Proof 121.403
Appeal from Trial Court 121.451
Definitions 121.452
Applicability 121.453
Permit Application 121.454
Railroad Commission Approval or Denial 121.501
Definition 121.502
Duty to Pressure Test 121.503
Requirements of Test 121.504
Notice of Test 121.505
Termination of Service 121.506
Report of Leakage 121.507
Enforcement 121.2015
Required Safety Rules 121.2025
Authority of Municipality to Assess Charges 121.5005
Applicability
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Accessed:
Jun. 5, 2024

§ 121.304’s source at texas​.gov