Texas Utilities Code

§ 15.023 — ADMINISTRATIVE PENALTY, DISGORGEMENT ORDER, OR MITIGATION PLAN

UT § 15.023Title 2. PUBLIC UTILITY REGULATORY ACT · Part A. PROVISIONS APPLICABLE TO ALL UTILITIES · Ch. 15. JUDICIAL REVIEW, ENFORCEMENT, AND PENALTIES · Art. B. ENFORCEMENT AND PENALTIES

Statute text

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(a)The commission may impose an administrative penalty against a person regulated under this title who violates this title or a rule or order adopted under this title.

(b)The penalty for a violation may be in an amount not to exceed $25,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. (b-1) Notwithstanding Subsection (b), the penalty for a violation of a voluntary mitigation plan entered into under Subsection (f) or of a provision of Section 35.0021 or 38.075 may be in an amount not to exceed $1,000,000 for a violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. (b-2) Notwithstanding Subsection (b), the penalty for a violation of Section 39.360 in which a business entity fails to submit all required information to or knowingly submits false information to an independent organization certified under Section 39.151 may be in an amount not to exceed $1 million for each violation.

(c)The commission by rule shall establish a classification system for violations that includes a range of administrative penalties that may be assessed 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;

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Legislative history

Acts 2005, 79th Leg., Ch. 797 (S.B. 408), Sec. 7, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 996 (H.B. 2133), Sec. 1, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 996 (H.B. 2133), Sec. 2, eff. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 7, eff. June 8, 2021. Acts 2023, 88th Leg., R.S., Ch. 410 (H.B. 1500), Sec. 7, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 959 (S.B. 2011), Sec. 1, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 1020 (S.B. 2368), Sec. 2, eff. September 1, 2025.