Bill

HB 1863

83(R) - 2013
Energy & Environment

Vote Recommendation

Yes
  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Neutral

Author(s)

Gene Wu

Bill Caption

Relating to the amounts of the administrative, civil, and criminal penalties for violating certain statutes under the jurisdiction of, rules or orders adopted by, or licenses, permits, or certificates issued by the Railroad Commission of Texas.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

Summary: The penalties for Oil and Gas companies for general safety infractions in the Natural Resources Code have not been altered since 1983. Because of this, the size of the penalties are much lower than current federal penalties. In order to maintain the level of funding for certain programs, including the Pipeline Safety Program, and in order for the Railroad Commission to maintain its authority in regulating the industry, the federal government requires that these penalties be raised to at least the minimum amount that the federal government assesses in fines. HB 1863 raises the penalties in the Natural Resources Code to meet the minimum required by federal regulators.

Analysis: Normally, TPPA would not support an increase in penalties or regulations to private companies. However, in order to maintain both the Pipeline Safety Program and preserve the Railroad Commission as the regulating authority (as opposed to a federal government takeover) it is necessary to comply with the federal regulation. HB 1863 represents the least restrictive means to do so. By increasing the fines now, Texas will avoid a major expansion of regulation in the future if the federal government steps in to take the place of the Railroad Commission.