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Texas Utilities Code

§ 105.023 — CIVIL PENALTY AGAINST GAS UTILITY OR AFFILIATE

UT § 105.023Title 3. GAS REGULATION · Part A. GAS UTILITY REGULATORY ACT · Ch. 105. JUDICIAL REVIEW; ENFORCEMENT AND PENALTIES · Art. B. ENFORCEMENT AND PENALTIES

Statute text

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(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(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(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:

Legislative history

Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 20, eff. June 8, 2021.