TX NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE A. ADMINISTRATION

CHAPTER 116. COMPRESSED NATURAL GAS

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.