1. (a) The commissioner may assess an administrative penalty for a violation in an amount not to exceed $1,000 for each day of the violation.

2. (b) The aggregate amount of penalties under this subchapter that the commissioner may assess against a person during one calendar year may not exceed the lesser of:

   1. (1) $100,000; or
   2. (2) an amount that is equal to the greater of five percent of the net worth of the creditor or $5,000.

3. (c) In determining the amount of an administrative penalty, the commissioner shall consider:

   1. (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited act;
   2. (2) the extent of actual or potential harm to a third party;
   3. (3) the history of violations;
   4. (4) the amount necessary to deter future violations;
   5. (5) efforts to correct the violation; and
   6. (6) any other matter that justice may require.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 4.03, eff. September 1, 2005.