CHAPTER 105. JUDICIAL REVIEW; ENFORCEMENT AND PENALTIES

UTILITIES CODE

TITLE 3. GAS REGULATION

SUBTITLE A. GAS UTILITY REGULATORY ACT

CHAPTER 105. JUDICIAL REVIEW; ENFORCEMENT AND PENALTIES

SUBCHAPTER A. JUDICIAL REVIEW

Sec. 105.001. RIGHT TO JUDICIAL REVIEW. (a) Any party to a

proceeding before the railroad commission is entitled to judicial

review under the substantial evidence rule.

(b) The issue of confiscation is determined by a preponderance

of the evidence.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 105.002. JUDICIAL STAY OR SUSPENSION. While an appeal of

an order, ruling, or decision of a regulatory authority is

pending, the district court, court of appeals, or supreme court,

as appropriate, may stay or suspend all or part of the operation

of the order, ruling, or decision. In granting or refusing a stay

or suspension, the court shall act in accordance with the

practice of a court exercising equity jurisdiction.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER B. ENFORCEMENT AND PENALTIES

Sec. 105.021. ACTION TO ENJOIN OR REQUIRE COMPLIANCE. (a) The

attorney general, on the request of the railroad commission,

shall apply in the name of the commission for an order under

Subsection (b) if the commission determines that a gas utility or

other person is:

(1) engaging in or about to engage in an act that violates this

subtitle or an order or rule of the commission entered or adopted

under this subtitle; or

(2) failing to comply with the requirements of this subtitle or

a rule or order of the commission.

(b) A court, in an action under this section, may:

(1) prohibit the commencement or continuation of an act that

violates this subtitle or an order or rule of the commission

entered or adopted under this subtitle; or

(2) require compliance with a provision of this subtitle or an

order or rule of the commission.

(c) The remedy under this section is in addition to any other

remedy provided under this subtitle.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 105.022. CONTEMPT. The railroad commission may file an

action for contempt against a person who:

(1) fails to comply with a lawful order of the commission;

(2) fails to comply with a subpoena or subpoena duces tecum; or

(3) refuses to testify about a matter on which the person may be

lawfully interrogated.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

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.

(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.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 105.024. OFFENSE. (a) A person commits an offense if the

person knowingly violates this subtitle.

(b) An offense under this section is a felony of the third

degree.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 105.025. PLACE FOR SUIT. A suit for an injunction or a

penalty under this subtitle may be brought in:

(1) Travis County;

(2) a county in which the violation is alleged to have occurred;

or

(3) a county in which a defendant resides.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 105.026. PENALTIES CUMULATIVE. (a) A penalty that accrues

under this subtitle is cumulative of any other penalty.

(b) A suit for the recovery of a penalty does not bar or affect

the recovery of any other penalty or bar a criminal prosecution

against any person, including a gas utility or officer, director,

agent, or employee of a gas utility.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 105.027. DISPOSITION OF FINES AND PENALTIES. A fine or

penalty collected under this subtitle, other than a fine or

penalty collected in a criminal proceeding, shall be paid to the

railroad commission.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER C. COMPLAINTS

Sec. 105.051. COMPLAINT BY AFFECTED PERSON. An affected person

may complain to the regulatory authority in writing setting forth

an act or omission by a gas utility in violation or claimed

violation of a law that the regulatory authority has jurisdiction

to administer or of an order, ordinance, or rule of the

regulatory authority.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.