The commissioner may assess administrative penalties for the violations and in the amounts established in Section 40.251 of this code. In determining the amount of penalties, the commissioner shall consider:

1. (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation and the hazard or damage caused thereby;
2. (2) the degree of cooperation and quality of response;
3. (3) the degree of culpability and history of previous violations by the person subject to the penalty;
4. (4) the amount necessary to deter future violations; and
5. (5) any other matter that justice requires.

Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.