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, Texas Government Code.
2. (b) The commission shall publish an Administrative Penalty Schedule identifying the types of violations subject to administrative penalties and the corresponding penalty range.

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 commission will provide written notice to a law enforcement agency or governmental entity of a pending violation. The law enforcement agency or governmental entity must report to the commission in writing within 30 days the steps being taken to correct the violation and on what date the violation will be corrected.
5. (e) Failure to respond to the written notice or to correct violations identified in subsection (d) of this section may result in the imposition of administrative penalties identified in subsection (b) of this section.
6. (f) The effective date of this section is January 1, 2012.

Source Note:The provisions of this §223.2 adopted to be effective January 1, 2012, 36 TexReg 9000.