Sec. 202.552. AMOUNT OF PENALTY. (a) The amount of an administrative penalty may not exceed $5,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation, including:
(A) the nature, circumstances, extent, and gravity of any prohibited acts; and
(B) the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2) the economic harm to property or the environment caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter future violations;
(5) efforts made to correct the violation; and
(6) any other matter that justice may require.
(c) The board by rule shall develop a standardized penalty schedule based on the criteria listed in Subsection (b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 26 (S.B. 402), Sec. 19, eff. September 1, 2005.
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