Tex. Util. Code § 121.304 · Subchapter G. ENFORCEMENT REMEDIES
POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE PENALTY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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 of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/UT/htm/UT.121.htm
- Text hash
- sha256 15abcfc032a8efcc551051d76fb8e9b2add95b0fd2627e511df865905ab37d9a
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 3 provisions
Provisions in this library whose text cites Tex. Util. Code § 121.304. Each shows the citation as that text prints it.
Utilities Code
- Tex. Util. Code § 121.305POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE PENALTY: ASSESSMENT PROCEDURE.Printed as Section 121.304
- Tex. Util. Code § 121.307POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE PENALTY: APPEALS.Printed as Section 121.304
- Tex. Util. Code § 121.309POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE PENALTY: RECOVERY.Printed as Sections 121.304-121.308
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.