1. (a) The amount of an administrative penalty may not exceed:

   1. (1) $2,500 for each violation not related to a controlled substance; and
   2. (2) $5,000 for each violation related to a controlled substance.

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

   1. (1) the seriousness of the violation, including:

      1. (A) the nature, circumstances, extent, and gravity of any prohibited act; and
      2. (B) the hazard or potential hazard created to the health, safety, or economic welfare of the public;
   2. (2) the economic harm to property or the environment 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.
3. (c) A board subcommittee with at least one public member of the board shall recommend the amount of the administrative penalty based on a standardized penalty schedule. The board by rule shall develop the standardized penalty schedule based on the criteria listed in Subsection (b).

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