A civil penalty under Section 121.204 may be compromised by the attorney general who in determining a compromise shall consider:

1. (1) the appropriateness of the penalty in relation to the size of the business of the person charged;
2. (2) the gravity of the violation; and
3. (3) the good faith of the person charged in attempting to achieve compliance after notification of the violation.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.