1. (a) If the operator of a commercial lodging establishment fails to cure a violation of this chapter before the 30th day after the date the operator receives notice of the violation under Section 114.0102, the establishment is liable to this state for a civil penalty in an amount not to exceed $500 for each violation. Each day a violation continues is a separate violation for purposes of imposing the civil penalty.

2. (b) In determining the amount of a civil penalty to impose under this section, a court must consider:

   1. (1) the seriousness of a violation;
   2. (2) a history of previous violations;
   3. (3) the amount necessary to deter a future violation;
   4. (4) efforts made to correct a violation; and
   5. (5) any other matter that justice may require.

Added by Acts 2021, 87th Leg., R.S., Ch. 47 (H.B. 390), Sec. 1, eff. January 1, 2022.