1. (a) The amount of the administrative penalty may not be less than $50 or more than $5,000 for each violation. Each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty.

2. (b) The amount shall be based on:

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

Added by Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 26, eff. September 1, 2005.