- (a) Criminal penalties stated in Texas Health and Safety Code (HSC) §431.059 can be imposed for violations of this subchapter.
- (b) Civil penalties stated in HSC §431.0585 can be imposed for violations of this subchapter.
- (c) Administrative penalties as described in HSC §431.054, §431.055, §431.056, §431.057, and §431.058, and §229.261 of this chapter (relating to Assessment of Administrative Penalties), can be imposed for violations of the previously stated sections. Before a penalty is imposed, the person accused of a violation must be given an opportunity for a hearing.
- (d) Hearings regarding administrative penalties and emergency orders will be held according to, Texas Government Code §§2001.051 - 2001.902, and the department's formal hearing rules in §§1.21, 1.23, 1.25, and 1.27 of this title (relating to Formal Hearing Procedures).
- (e) The commissioner or the commissioner's designee may issue emergency orders according to HSC §431.045.
Source Note:The provisions of this §229.1005 adopted to be effective February 23, 2026, 51 TexReg 1156.