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Texas Occupations Code - Section 2301.801. Civil Penalty

Legal Research Home > Texas Laws > Occupations Code > Texas Occupations Code - Section 2301.801. Civil Penalty

§ 2301.801. CIVIL PENALTY.  (a) If, after a proceeding 
under this chapter and board rules, the board determines that a 
person is violating or has violated this chapter, a rule adopted or 
order issued under this chapter, or Section 503.038(a), 
Transportation Code, the board may impose a civil penalty.  The 
amount of the penalty may not exceed $10,000 for each violation.  
Each act of violation and each day a violation continues is a 
separate violation.
	(b)  In determining the amount of the penalty, the board 
shall consider:     
		(1)  the seriousness of the violation, including the 
nature, circumstances, extent, and gravity of any prohibited act, 
and the harm or potential harm to the safety of the public;
		(2)  the economic damage to the public caused by the 
violation;             
		(3)  the history of previous violations;                                      
		(4)  the amount necessary to deter a future violation;                        
		(5)  efforts to correct the violation;  and                                   
		(6)  any other matter that justice may require.                               
	(c)  Notwithstanding any other law to the contrary, a civil 
penalty recovered under this chapter shall be deposited in the 
state treasury to the credit of the state highway fund.

Added by Acts 2001, 77th Leg., ch. 1421, § 5, eff. June 1, 2003.           

Last modified: August 11, 2007