1. (a) In addition to other penalties imposed by law, a law enforcement agency or governmental entity that violates this chapter or a rule adopted under this chapter is subject to an administrative penalty in an amount set by the commission not to exceed $1,000 per day per violation. The administrative penalty shall be assessed in a proceeding conducted in accordance with Chapter 2001, Government Code.
2. (b) The commission shall provide notice to the law enforcement agency a range of penalties that apply to the specific alleged violation(s) and the criteria used to determine the amount of the proposed administrative penalty.

3. (c) The amount of the penalty shall be based on:

   1. (1) the seriousness of the violation;
   2. (2) the respondent's history of violations;
   3. (3) the amount necessary to deter future violations;
   4. (4) efforts made by the respondent to correct the violation; and
   5. (5) any other matter that justice may require.
4. (d) The effective date of this section is January 14, 2010.

Source Note:The provisions of this §223.2 adopted to be effective January 14, 2010, 34 TexReg 9481.