Sec. 121.206.  ADMINISTRATIVE PENALTY FOR VIOLATION OF PIPELINE SAFETY STANDARD OR RULE.  (a)  The railroad commission may assess an administrative penalty against a person who violates Section 121.201 or a safety standard or other rule prescribed or adopted under this subchapter.
(b)  The penalty for each violation may not exceed $200,000.  Each day a violation continues may be considered a separate violation for the purpose of penalty assessment, provided that the maximum penalty that may be assessed for any related series of violations may not exceed $2 million.
(b-1)  Notwithstanding Subsection (b), the penalty for each violation may not exceed $1,000,000 for a violation of a rule adopted under Section 121.2015(a)(3).  Each day a violation continues may be considered a separate violation for the purpose of penalty assessment.
(c)  In determining the amount of the penalty, the railroad commission shall consider the guidelines adopted under Subsection (d).
(d)  The railroad commission by rule shall adopt guidelines to be used in determining the amount of a penalty under this subchapter.  The guidelines shall include a penalty calculation worksheet that specifies the typical penalty for certain violations, circumstances justifying enhancement of a penalty and the amount of the enhancement, and circumstances justifying a reduction in a penalty and the amount of the reduction.  The guidelines shall take into account:
(1)  the person's history of previous violations of Section 121.201 or a safety standard or other rule prescribed or adopted under this subchapter, including the number of previous violations;
(2)  the seriousness of the violation and of any pollution resulting from the violation;
(3)  any hazard to the health or safety of the public;
(4)  the degree of culpability;
(5)  the demonstrated good faith of the person charged; and
(6)  any other factor the commission considers relevant.
(e)  The guidelines must provide that a penalty in an amount that exceeds $5,000 for a violation of a rule adopted under Section 121.2015(a)(3) may be assessed only if circumstances justify the enhancement of the penalty.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.13(b), eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1233, Sec. 71, eff. Sept. 1, 2001.
Amended by: 
Acts 2005, 79th Leg., Ch. 267 (H.B. 2161), Sec. 14, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 104 (S.B. 900), Sec. 7, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 363 (H.B. 866), Sec. 1, eff. June 2, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1048 (H.B. 864), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 22, eff. June 8, 2021.