Texas Utilities Code

§ 121.305 — POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE PENALTY: ASSESSMENT PROCEDURE

UT § 121.305Title 3. GAS REGULATION · Part B. REGULATION OF TRANSPORTATION AND USE · Ch. 121. GAS PIPELINES · Art. G. ENFORCEMENT REMEDIES

Statute text

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(a)An administrative penalty may be assessed under Section 121.304 only after a gas utility charged under Section 121.304 has been given an opportunity for a public hearing.

(b)If a public hearing is held, the railroad commission shall make findings of fact and shall issue a written decision as to the occurrence of the violation and the penalty amount warranted by the violation, incorporating, if appropriate, an order requiring that the penalty be paid.

(c)If appropriate, the railroad commission shall consolidate the hearings with other proceedings under Section 121.304.

(d)If a gas utility charged under Section 121.304 fails to take advantage of the opportunity for a public hearing, an administrative penalty may be assessed by the railroad commission after it has determined:

(1)that a violation occurred; and

(2)the penalty amount warranted by the violation.

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Legislative history

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.