1. (a) The amount of the administrative penalty may not exceed $1,000 for each violation. Each day of a continuing violation is a separate violation.

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

   1. (1) the seriousness of the violation;
   2. (2) the history of previous violations;
   3. (3) the amount necessary to deter a future violation;
   4. (4) efforts made to correct the violation; and
   5. (5) any other matter that justice may require.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.