NATURAL RESOURCES CODE
CHAPTER 116. COMPRESSED NATURAL GAS
SUBCHAPTER A. GENERAL PROVISIONS
§ 116.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Railroad Commission of
Texas.
(2) "Compressed natural gas" or "CNG" means natural
gas primarily consisting of methane in a gaseous state that is
compressed and used, stored, sold, transported, or distributed for
use by or through a CNG system.
(3) "Liquefied natural gas" or "LNG" means natural gas
primarily consisting of methane in liquid or semisolid state.
(4) "CNG cylinder" means a cylinder or other container
designed for use or used as part of a CNG system.
(5) "LNG container" means a container designed for use
or used as part of an LNG system.
(6) "CNG system" means a system of safety devices,
cylinders, piping, fittings, valves, compressors, regulators,
gauges, relief devices, vents, installation fixtures, and other CNG
equipment intended for use or used in any building or public place
by the general public or in conjunction with a motor vehicle or
mobile fuel system fueled by compressed natural gas and any system
or facilities designed to be used or used in the compression, sale,
storage, transportation for delivery, or distribution of
compressed natural gas in portable CNG cylinders, but does not
include natural gas facilities, equipment, or pipelines located
upstream of the inlet of a compressor devoted entirely to
compressed natural gas.
(7) "LNG system" means a system of safety devices,
containers, piping, fittings, valves, compressors, regulators,
gauges, relief devices, vents, installation fixtures, and other LNG
equipment intended for use or used with a motor vehicle fueled by
liquefied natural gas and any system or other facilities designed
to be used or used in the sale, storage, transportation for
delivery, or distribution of liquefied natural gas.
(8) "Motor vehicle" means any self-propelled vehicle
licensed for highway use or used on a public highway.
(9) "Compressed natural gas cargo tank" means a
container built in accordance with A.S.M.E. or D.O.T.
specifications and used to transport compressed natural gas for
delivery.
(10) "Liquefied natural gas cargo tank" means a
container built in accordance with A.S.M.E. or D.O.T.
specifications and used to transport liquefied natural gas for
delivery.
(11) "Mobile fuel system" means a CNG or LNG system to
supply natural gas fuel to an auxiliary engine other than the engine
used to propel the vehicle or for other uses on the vehicle.
(12) "Motor fuel system" means a CNG or LNG system to
supply natural gas as a fuel for an engine used to propel the
vehicle.
(13) "Registrant" means any individual exempt from the
licensing requirements as established by rule of the commission who
is required to register with the commission, any person qualified
by examination by the commission, or any person who applies for
registration with the commission. Registrant includes an employee
of a licensee who performs CNG-related or LNG-related activities.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993; Acts 1995, 74th Leg., ch. 276, § 1, eff. Sept. 1, 1995.
§ 116.002. EXCEPTIONS. This chapter does not apply to:
(1) the production, transportation, storage, sale, or
distribution of natural gas that is not included in the definition
of compressed natural gas or liquefied natural gas;
(2) the production, transportation, storage, sale, or
distribution of natural gas that is subject to commission
jurisdiction under Subtitle A or B, Title 3, Utilities Code;
(3) pipelines, fixtures, and other equipment used in
the natural gas industry that are not used or designed to be used as
part of a CNG or LNG system; or
(4) pipelines, fixtures, equipment, or facilities to
the extent that they are subject to the safety regulations
promulgated and enforced by the commission pursuant to Chapter 117,
Natural Resources Code, or Subchapter E, Chapter 121, Utilities
Code.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993; Acts 1999, 76th Leg., ch. 62, § 18.42, eff. Sept. 1,
1999.
[Sections 116.003 to 116.010 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 116.011. ADMINISTRATION. The commission shall
administer and enforce this chapter and rules and standards adopted
under this chapter relating to compressed natural gas and liquefied
natural gas.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993.
§ 116.012. RULES AND STANDARDS. To protect the health,
safety, and welfare of the general public, the commission shall
adopt necessary rules and standards relating to the work of
compression and liquefaction, storage, sale or dispensing,
transfer or transportation, use or consumption, and disposal of
compressed natural gas or liquefied natural gas.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993.
§ 116.013. NATIONAL CODES. The commission may adopt by
reference in its rules all or part of the published codes of
nationally recognized societies as standards to be met in the
design, construction, fabrication, assembly, installation, use,
and maintenance of CNG or LNG components and equipment.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993.
§ 116.014. FEES. (a) Fees collected by the commission
under Section 116.034 of this code for training, examinations, and
seminars must be deposited in a special fund in the state treasury
designated as the CNG and LNG examination fund. The commission
shall use money in this fund to pay the cost of training,
examinations, and seminars sponsored or administered by the
commission.
(b) Except as provided by Subsection (a) of this section,
money collected by the commission as fees under this chapter shall
be deposited in the general revenue fund.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993.
§ 116.015. ENTRY ON PROPERTY; INSPECTION AND
INVESTIGATION. (a) An employee, agent, or inspector of the
commission may enter the premises of a licensee under this chapter
or any building or other premises open to the public or inspect any
CNG or LNG system or motor vehicle equipped with CNG or LNG
equipment at any reasonable time for the purpose of determining and
verifying compliance with this chapter and rules of the commission
adopted under this chapter.
(b) Any authorized representative of the LPG division may
enter any building or premises where an accident has occurred in
which CNG or LNG was a probable cause for purposes of investigating
the cause, origin, and circumstances of such accident. The LPG
division may request that any state or local authority having
jurisdiction take appropriate action as may be necessary for
preservation of property and premises.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993.
§ 116.016. LIMITATIONS ON RULEMAKING
AUTHORITY. (a) The commission may not adopt rules restricting
advertising or competitive bidding by a licensee or registrant
except to prohibit false, misleading, or deceptive practices.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the commission may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a licensee or registrant's
personal appearance or voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the licensee or registrant; or
(4) restricts the licensee or registrant's
advertisement under a trade name.
Added by Acts 2001, 77th Leg., ch. 1233, § 54, eff. Sept. 1,
2001.
[Sections 116.017 to 116.030 reserved for expansion]
SUBCHAPTER C. LICENSING AND REGISTRATION
§ 116.031. LICENSE REQUIREMENT. (a) Unless otherwise
provided in this chapter or by commission rule, a person shall be
required to obtain a license from the commission to engage in any of
the following activities:
(1) work that includes the manufacture, assembly,
repair, testing, sale, installation, or subframing of CNG cylinders
or LNG containers for use in this state;
(2) systems work that includes the sale, installation,
modification, or servicing of CNG or LNG systems for use in this
state, including the installation, modification, or servicing by
any person, except a political subdivision, of a CNG or LNG motor
fuel system or mobile fuel system on a vehicle used in the
transportation of the general public; or
(3) product work that includes the sale, storage,
transportation for delivery, or dispensing of CNG or LNG in this
state.
(b) A license obtained by a partnership, corporation, or
other legal entity extends to the entity's employees who are
performing CNG or LNG work, provided that each employee is
qualified and registered as required by rules adopted by the
commission.
(c) No license is required by an original vehicle
manufacturer or a subcontractor of such manufacturer for the
installation and sale of a new CNG or LNG system when such system is
installed on a new original vehicle fueled by CNG or LNG.
(d) The commission by rule may provide for the annual
registration of all individuals performing CNG-related or
LNG-related activities who are exempt from the licensing
requirements of the commission. Employees of a political
subdivision are not required to be licensed or registered under
this chapter.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993.
§ 116.032. LICENSE AND REGISTRATION FEES. (a) The
commission shall adopt rules establishing registration fees and
license categories and license fees to be charged for application
for and issuance and renewal of a license or registration.
(b) The commission by rule may establish reasonable fees for
each category of license.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993; Acts 2001, 77th Leg., ch. 1233, § 55, eff. Sept. 1,
2001.
§ 116.033. APPLICATION AND RENEWAL
PROCEDURES. (a) The commission shall adopt rules establishing
procedures for submitting and processing applications for issuance
and renewal of licenses and for registration.
(b) A person who is otherwise eligible to renew a license or
registration may renew an unexpired license or registration by
paying the required renewal fee to the commission before the
expiration date of the license or registration. A person whose
license or registration has expired may not engage in activities
that require a license or registration until the license or
registration has been renewed.
(c) A person whose license or registration has been expired
for 90 days or less may renew the license or registration by paying
to the commission a renewal fee that is equal to 1-1/2 times the
normally required renewal fee.
(d) A person whose license or registration has been expired
for more than 90 days but less than one year may renew the license or
registration by paying to the commission a renewal fee that is equal
to two times the normally required renewal fee.
(e) A person whose license or registration has been expired
for one year or more may not renew the license or registration. The
person may obtain a new license or registration by complying with
the requirements and procedures, including the examination
requirements, for obtaining an original license or registration.
(f) A person who was licensed or registered in this state,
moved to another state, and is currently licensed or registered and
has been in practice in the other state for the two years preceding
the date of application may obtain a new license or registration
without reexamination. The person must pay to the commission a fee
that is equal to two times the normally required renewal fee for the
license or registration.
(g) Not later than the 30th day before the date a person's
license or registration is scheduled to expire, the commission
shall send written notice of the impending expiration to the person
at the person's last known address according to the records of the
commission.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993; Acts 2001, 77th Leg., ch. 1233, § 56, eff. Sept. 1,
2001.
§ 116.034. EXAMINATION AND SEMINAR
REQUIREMENTS. (a) The commission shall adopt rules providing the
training, examination, and seminar attendance requirements for
persons who are required or who wish to be licensed or registered
under this chapter.
(b) The commission may adopt a reasonable fee to cover the
cost of any training, examination, or seminar required by and
sponsored or administered by the commission.
(c) Before a license or registration may be issued, the
person to be licensed or registered must satisfactorily complete
the training, examinations, and seminars required by the
commission.
(d) Not later than the 30th day after the date a person takes
a licensing or registration examination under this chapter, the
commission shall notify the person of the results of the
examination.
(e) If the examination is graded or reviewed by a testing
service:
(1) the commission shall notify the person of the
results of the examination not later than the 14th day after the
date the commission receives the results from the testing service;
and
(2) if notice of the examination results will be
delayed for longer than 90 days after the examination date, the
commission shall notify the person of the reason for the delay
before the 90th day.
(f) The commission may require a testing service to notify a
person of the results of the person's examination.
(g) If requested in writing by a person who fails a
licensing or registration examination administered under this
chapter, the commission shall furnish the person with an analysis
of the person's performance on the examination.
(h) The commission shall recognize, prepare, or administer
continuing education programs for its licensees and registrants. A
licensee or registrant must participate in the programs to the
extent required by the commission to keep the person's license.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993; Acts 2001, 77th Leg., ch. 1233, § 57, eff. Sept. 1,
2001.
§ 116.0345. LICENSE OR REGISTRATION BY
ENDORSEMENT. The commission may waive any prerequisite to
obtaining a license or registration for an applicant after
reviewing the applicant's credentials and determining that the
applicant holds a license or registration issued by another
jurisdiction that has licensing requirements substantially
equivalent to those of this state.
Added by Acts 2001, 77th Leg., ch. 1233, § 58, eff. Sept. 1,
2001.
§ 116.0346. PROVISIONAL LICENSE OR
REGISTRATION. (a) The commission may issue a provisional license
or registration to an applicant currently licensed or registered in
another jurisdiction who seeks a license or registration in this
state and who:
(1) has been licensed or registered in good standing
for at least two years in another jurisdiction, including a foreign
country, that has licensing or registration requirements
substantially equivalent to the requirements of this chapter;
(2) has passed a national or other examination
recognized by the commission relating to the activities regulated
under this chapter; and
(3) is sponsored by a person licensed or registered by
the commission under this chapter with whom the provisional license
or registration holder will practice during the time the person
holds a provisional license or registration.
(b) The commission may waive the requirement of Subsection
(a)(3) for an applicant if the commission determines that
compliance with that subsection would be a hardship to the
applicant.
(c) A provisional license or registration is valid until the
date the commission approves or denies the provisional license or
registration holder's application for a license or registration.
The commission shall issue a license or registration under this
chapter to the provisional license or registration holder if:
(1) the provisional license or registration holder is
eligible to be licensed or registered under Section 116.0345; or
(2) the provisional license or registration holder:
(A) passes the part of the examination under
Section 116.034 that relates to the applicant's knowledge and
understanding of the laws and rules relating to the activities
regulated under this chapter in this state;
(B) meets the academic and experience
requirements for a license or registration under this chapter; and
(C) satisfies any other licensing or
registration requirements under this chapter.
(d) The commission must approve or deny a provisional
license or registration holder's application for a license or
registration not later than the 180th day after the date the
provisional license or registration is issued. The commission may
extend the 180-day period if the results of an examination have not
been received by the commission before the end of that period.
(e) The commission may establish a fee for provisional
licenses or registrations in an amount reasonable and necessary to
cover the cost of issuing the license or registration.
Added by Acts 2001, 77th Leg., ch. 1233, § 58, eff. Sept. 1,
2001.
§ 116.035. DENIAL OF LICENSE. The commission may deny
issuance or renewal of a license or registration to any person who
fails to qualify under the requirements of this chapter and rules
adopted by the commission under this chapter. The commission shall
give written notice to an applicant for the issuance or renewal of a
license or for registration of the denial of the license or
registration and the reasons for denial.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993.
§ 116.036. INSURANCE REQUIREMENT. (a) All licensees
must acquire and maintain appropriate workers' compensation or
coverage for its employees under policies of work-related accident,
disability, and health insurance, including coverage for death
benefits, from an insurance carrier authorized to provide coverage
in this state and other insurance coverage required by the
commission in the amounts required by the commission.
(b) Notwithstanding Subsection (a) of this section, a state
agency or institution, county, municipality, school district, or
other governmental subdivision may submit evidence of workers'
compensation coverage by self-insurance if permitted by the Texas
Workers' Compensation Act (Article 8308-1.01 et seq., Vernon's
Texas Civil Statutes).
(c) The commission shall adopt rules establishing specific
requirements for insurance coverage under this chapter and evidence
of such coverage. The types and amounts of insurance coverage
required by the commission shall be based on the type and category
of licensed activity. The commission by rule may allow a licensee
to self-insure under Subsection (a) or (e) and by rule shall
establish standards for that self-insurance.
(d) The commission may not issue or renew a license, and a
licensee may not perform any licensed activity unless the insurance
coverage required by the commission's rules is in effect and
evidence of that coverage is filed with the commission as required
by commission rule.
(e) Every motor vehicle operated in this state as a
conveyance for a CNG or an LNG cargo tank must meet motor vehicle
insurance requirements established by the commission.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993; Acts 1997, 75th Leg., ch. 66, § 6, eff. Sept. 1, 1997.
§ 116.037. DISCIPLINARY ACTION. (a) The commission
shall notify a licensee or registrant in writing if it finds
probable violation or noncompliance with this chapter or the rules
adopted under this chapter.
(b) The notice shall specify the particular acts,
omissions, or conduct comprising the alleged violation and shall
designate a date by which the violation must be corrected or
discontinued.
(c) The licensee or registrant shall report timely
compliance or shall request extension of time for compliance if
considered necessary.
(d) If a licensee or registrant objects to the complaint or
requirements under this section, or if the commission determines
that the licensee or registrant is not proceeding adequately to
compliance, then, on written request of the licensee or registrant
or order of the commission, a public hearing must be conducted.
(e) If the commission or division determines that the
probable violation or noncompliance constitutes an immediate
danger to the public health, safety, and welfare, it shall require
the immediate cessation of the probable violation or noncompliance
and proceed with a hearing.
(f) The commission shall revoke, suspend, or refuse to renew
a license or registration or shall reprimand the licensee or
registrant if the commission finds that the licensee or registrant
has violated or failed to comply with or is violating or failing to
comply with this chapter or a rule adopted under this chapter.
(g) The commission may place on probation a person whose
license or registration is suspended. If a license or registration
suspension is probated, the commission may require the person:
(1) to report regularly to the commission on matters
that are the basis of the probation;
(2) to limit practice to the areas prescribed by the
commission; or
(3) to continue or review professional education until
the person attains a degree of skill satisfactory to the commission
in those areas that are the basis of the probation.
(h) Any party to a proceeding before the commission is
entitled to judicial review under the substantial evidence rule.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993; Acts 2001, 77th Leg., ch. 1233, § 59, 60, eff. Sept. 1,
2001.
§ 116.038. STAGGERED RENEWAL OF LICENSES. The
commission by rule may adopt a system under which license and
registration fees required by Section 116.032 of this code expire
on various dates during the year. For the year in which the license
and registration expiration dates are changed, license and
registration fees payable on a specified date shall be prorated on a
monthly basis so that each licensee shall pay only that portion of
the license and registration fees that is allowable to the number of
months during which the license and registration is valid. On
renewal of the license and registration on the new expiration date,
the total license and registration fees are payable.
Added by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept. 1, 1993.
SUBCHAPTER D. MOTOR VEHICLE REGULATION
§ 116.071. REGISTRATION RULES. The commission shall
adopt rules relating to the registration of motor vehicles that are
equipped with a CNG or LNG cargo tank and motor vehicles used
principally to transport compressed natural gas or liquefied
natural gas in portable cylinders or containers.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993.
§ 116.072. REGISTRATION. (a) Each motor vehicle that
is equipped with a CNG or LNG cargo tank and each motor vehicle used
principally to transport CNG or LNG in portable cylinders or
containers must be registered with the commission as provided by
commission rules.
(b) The commission may not impose a fee for registration
under this section on a motor vehicle owned by a county.
(c) The commission by rule shall establish a reasonable,
nonrefundable annual registration and transfer fee for each CNG or
LNG cargo trailer, semitrailer, bobtail, and cylinder-delivery
unit registered or transferred as follows:
(1) the annual registration fee established by the
commission shall not be less than $100 nor more than $500; and
(2) the annual transfer fee established by the
commission shall not be less than $25 nor more than $100.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1991, 72nd Leg., ch. 375, § 1, eff. Sept.
1, 1991; Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept. 1, 1993;
Acts 1997, 75th Leg., ch. 66, § 7, eff. Sept. 1, 1997.
§ 116.073. SAFETY RULES. The commission shall adopt
safety rules relating to the transportation of compressed natural
gas and liquefied natural gas in this state.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993.
§ 116.074. COOPERATION OF THE DEPARTMENT OF PUBLIC
SAFETY. The Department of Public Safety shall cooperate with the
commission in administering and enforcing this chapter and rules of
the commission relating to regulation of motor vehicles required to
be registered under this subchapter.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993.
§ 116.075. APPLICATION OF OTHER LAWS. This chapter and
the rules adopted under this chapter do not modify, amend, or repeal
any laws of this state relating to the regulation of motor carriers.
Renumbered from § 116.076 by Acts 1993, 73rd Leg., ch. 227, §
1, eff. Sept. 1, 1993.
[Sections 116.077 to 116.100 reserved for expansion]
SUBCHAPTER E. MISCELLANEOUS PROVISIONS
§ 116.101. MALODORANTS. Compressed natural gas must be
odorized as provided by Subchapter F, Chapter 121, Utilities Code.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993; Acts 1999, 76th Leg., ch. 62, § 18.43, eff. Sept. 1,
1999.
§ 116.102. TESTING LABORATORIES. The commission shall
adopt rules relating to testing of CNG and LNG equipment and to the
qualifications required of the persons who are to perform those
tests.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993.
§ 116.103. WARNING TAGS. (a) An employee, agent, or
inspector of the commission may declare unsafe or dangerous for
service any motor vehicle required to be registered under this
chapter or any CNG or LNG equipment or system that is defective or
that does not otherwise conform to the safety requirements of this
chapter and the rules adopted under this chapter and shall attach a
warning tag to the motor vehicle, equipment, or system in a
conspicuous location.
(b) A person may not sell, furnish, deliver, or supply
compressed natural gas and liquefied natural gas for use or
consumption by or through a motor vehicle or system in a public
place or operate a motor vehicle having CNG or LNG equipment to
which a warning tag is attached.
(c) A warning tag may be removed on approval of the
commission or by a person designated by the commission to remove the
tag. A warning tag may not be removed by any person who is not
authorized to remove the tag by the commission.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept.
1, 1993.
[Sections 116.104 to 116.140 reserved for expansion]
SUBCHAPTER F. ENFORCEMENT
§ 116.141. INJUNCTIVE RELIEF. (a) On request of the
commission, the attorney general shall bring suit in the name of the
state to enjoin a person from violating this chapter or a rule
adopted under this chapter.
(b) A suit for injunction instituted under this section is
in addition to other remedies available to the commission under
this chapter.
(c) A suit seeking injunctive relief under this section
shall be brought in a district court in Travis County.
(d) The commission is not required to provide a bond in a
suit instituted under this section.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983.
§ 116.142. CRIMINAL PENALTY. (a) A person who
knowingly violates this chapter or rules adopted by the commission
under this chapter commits an offense.
(b) An offense under this section is punishable by a fine of
not less than $100 nor more than $5,000.
(c) Each day a violation continues constitutes a separate
offense.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983.
§ 116.143. ADMINISTRATIVE PENALTY. (a) If a person
violates this chapter, a rule of the commission adopted under this
chapter, or a term, condition, or provision of a license or
registration issued by the commission under this chapter and the
violation results in pollution of the air or water of this state or
poses a threat to the public safety, the person may be assessed a
civil penalty by the commission.
(b) The penalty may not exceed $10,000 a day for each
violation. Each day a violation continues may be considered a
separate violation for purposes of penalty assessments.
(c) In determining the amount of the penalty, the commission
shall consider the person's history of previous violations of this
chapter, the seriousness of the violation, any hazard to the health
or safety of the public, and the demonstrated good faith of the
person charged.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983.
§ 116.144. PENALTY ASSESSMENT PROCEDURE. (a) A civil
penalty under Section 116.145 of this code may be assessed only
after the person charged with the violation has been given an
opportunity for a public hearing.
(b) If a public hearing has been held, the commission shall
make findings of fact, and it shall issue a written decision as to
the occurrence of the violation and the amount of the penalty that
is warranted, incorporating, when appropriate, an order requiring
that the penalty be paid.
(c) If appropriate, the commission shall consolidate the
hearings with other proceedings under this chapter.
(d) If the person charged with the violation fails to avail
himself of the opportunity for a public hearing, a civil penalty may
be assessed by the commission after it has determined that a
violation did occur and the amount of the penalty that is warranted.
(e) The commission shall then issue an order requiring that
the penalty be paid.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983.
§ 116.145. PAYMENT OF PENALTY; REFUND. (a) On the
issuance of notice or an order charging that a violation has
occurred, the commission shall inform the person charged within 30
days of the proposed amount of the penalty.
(b) Within the 30-day period immediately following the day
on which the notice or order is issued, the person charged with the
penalty shall pay the proposed penalty in full or, if the person
wishes to contest either the amount of the penalty or the fact of
the violation, forward the proposed amount to the commission for
placement in an escrow account.
(c) If through administrative or judicial review of the
proposed penalty it is determined that no violation occurred or
that the amount of the penalty should be reduced, the commission
shall, within the 30-day period immediately following that
determination, remit the appropriate amount to the person, with
interest at the prevailing United States Department of the Treasury
rate.
(d) Failure to forward the money to the commission within
the time provided by Subsection (b) of this section results in a
waiver of all legal rights to contest the violation or the amount of
the penalty.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983.
§ 116.146. RECOVERY OF PENALTY. Civil penalties owed
under Sections 116.143 through 116.145 of this code may be
recovered in a civil action brought by the attorney general at the
request of the commission.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1,
1983.
