Tex. Utilities Code § 121.304

This is the official text of Tex. Utilities Code § 121.304, part of Texas’s Utilities Code — regulates utility companies.

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§ 121.304. POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE PENALTY.

Official statutory text

(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.

Status: in_force · Read it on the official government site

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