(a) The railroad commission may assess an administrative penalty against a gas utility that violates this chapter, fails to perform a duty imposed by this chapter, or fails to comply with an order of the railroad commission issued under this chapter and applicable to the gas utility if the violation:
(1) results in pollution of the air or water of this state; or
(2) poses a threat to the public safety.
(b) The penalty for each violation or failure that is not related to pipeline safety may not exceed $10,000 a day. The penalty for each violation or failure that is related to pipeline safety may not exceed $200,000 a day. Each day a violation continues may be considered a separate violation for purposes of penalty assessment, provided that the maximum penalty that may be assessed for any related series of violations related to pipeline safety may not exceed $2 million.
(c) In determining the amount of the penalty, the railroad commission shall consider:
(1) the gas utility's history of previous violations of this chapter;
(2) the seriousness of the violation; and
(3) any hazard to the health or safety of the public.