Sec. 121.304.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE PENALTY.  (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.
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.