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) $50,000; or
   2. (2) $5,000 for each business location at which an element of a violation occurred.

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.