Journal of the House of Representatives of the Regular Session of the Eightieth Legislature of the State of Texas, Volume 6 Page: 6,493
6459-7408, S49-S79 p. ; 23 cm.View a full description of this legislative document.
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Moreno; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo;
Orr; Ortiz; Otto; Parker; Patrick; Pefia; Phillips; Pickett; Pierson; Pitts;
Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smithee;
Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Van
Arsdale; Vaught; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting- Mr. Speaker; Turner(C).
Absent, Excused - Harless.
Absent Hill; Howard, C.; Krusee; Latham; Paxton; Puente; Smith, W.;
Veasey.
HR 2854 - MOTION TO ADOPT
(by P. King)
The following privileged resolution was laid before the house:
HR 2854
BE IT RESOLVED by the House of Representatives of the State of Texas,
80th Legislature, Regular Session, 2007, That House Rule 13, Section 9(a), be
suspended in part as provided by House Rule 13, Section 9(f), to enable the
conference committee appointed to resolve the differences on SB 482
(competition and customer choice in the retail electric power market) to consider
and take action on the following matters:
(1) House Rule 13, Section 9(a)(4), is suspended to permit the committee to
add the following sections to the bill, to amend Sections 15.023(b) and (d),
Utilities Code, and Section 15.024(f), Utilities Code, to read:
SECTION 1. Sections 15.023(b) and (d), Utilities Code, are amended to
read as follows:
(b) The penalty for a violation may be in an amount not to exceed $25,000
except as provided by Section 39.157. Each day a violation continues or occurs is
a separate violation for purposes of imposing a penalty.
(d) The classification system established under Subsection (c) shall provide
that a penalty in an amount that exceeds $5,000 may be assessed only if the
violation is included in the highest class of violations in the classification system.
Violations of Section 39.157 shall be included in the highest class of violations.
SECTION 2. Section 15.024(f), Utilities Code, is amended to read as
follows:
(f) If the person requests a hearing or fails to timely respond to the notice,
the executive director shall set a hearing and give notice of the hearing to the
person. The hearing shall be held in accordance with Subchapter B, Chapter 14
For hearings conducted by the State Office of Administrative Hearings, the [The]
administrative law judge shall make findings of fact and conclusions of law and
promptly issue to the commission a proposal for a decision about the occurrence
of the violation and the amount of a proposed penalty. Based on the findings of
fact, conclusions of law, and proposal for a decision, the commission by order
may find that a violation has occurred and impose a penalty or may find that no
violation occurred.Saturday, May 26, 2007
HOUSE JOURNAL
85th Day 6493
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Texas. Legislature. House of Representatives. Journal of the House of Representatives of the Regular Session of the Eightieth Legislature of the State of Texas, Volume 6, legislative document, 2007; (https://texashistory.unt.edu/ark:/67531/metapth97476/m1/39/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.