- (a) The department may assess an administrative penalty if a person violates this chapter or a rule or order adopted or license issued under this chapter.
(b) In determining the amount of the penalty, the department shall consider:
- (1) the person's previous violations;
- (2) the seriousness of the violation;
- (3) any hazard to the health and safety of the public;
- (4) the person's demonstrated good faith; and
- (5) such other matters as justice may require.
- (c) The penalty may not exceed $1,000 a day for each violation.
- (d) Each day a violation continues may be considered a separate violation.
Added by Acts 1991, 72nd Leg., ch. 251, Sec. 5, eff. Sept. 1, 1991.
Amended by Acts 2001, 77th Leg., ch. 1373, Sec. 4, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 636, Sec. 4, eff. Sept. 1, 2003.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0390, eff. April 2, 2015.