Sec. 1051.452. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b) In determining the amount of a penalty, the board shall consider:
(1) the seriousness of the conduct that is the ground for imposing the penalty, including:
(A) the nature, circumstances, extent, and gravity of any relevant act or omission; and
(B) the hazard or potential hazard created to the health or safety of the public;
(2) the economic damage to property caused by the conduct;
(3) the history of previous grounds for imposing a penalty on the person who engaged in the conduct;
(4) the amount necessary to deter future conduct that is a ground for imposing a penalty;
(5) efforts to correct the conduct that is a ground for imposing a penalty; and
(6) any other matter that justice may require.
(c) The board by rule shall adopt an administrative penalty schedule for violations of this subtitle or board rules to ensure that the amounts of penalties imposed are appropriate to the violation. The board must provide the administrative penalty schedule to the public on request.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.16, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 316 (H.B. 1717), Sec. 6, eff. September 1, 2013.
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