Sec. 105.023.  CIVIL PENALTY AGAINST GAS UTILITY OR AFFILIATE.  (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:
(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;
(2)  the history of previous violations;
(3)  the amount necessary to deter future violations;
(4)  efforts to correct the violation; and
(5)  any other matter that justice may require.
(f)  The classification system established under Subsection (e) shall provide that a penalty in an amount that exceeds $5,000 may be recovered only if the violation is included in the highest class of violations in the classification system.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 20, eff. June 8, 2021.