1. (a) Each day that a violation continues may be considered a separate violation for purposes of an administrative or civil penalty under this subchapter.

2. (b) The amount of an administrative or civil penalty must be based on:

   1. (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
   2. (2) the history of previous violations;
   3. (3) the amount necessary to deter a future violation;
   4. (4) efforts by the person to correct the violation; and
   5. (5) any other matter that justice may require.

Added by Acts 2007, 80th Leg., R.S., Ch. 337 (H.B. 3446), Sec. 1, eff. September 1, 2007.