Sec. 264.002. AMOUNT OF PENALTY. (a) The amount of the 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) The executive director or a board subcommittee, of which, at least one member is a public member of the board, shall determine the amount of the penalty based on a standardized penalty schedule. The board by rule shall develop the schedule based on:
(1) the seriousness of the violation, including:
(A) the nature, circumstances, extent, and gravity of the violation; and
(B) the hazard or potential hazard created to the health, safety, or welfare of the public;
(2) the economic damage to property or the environment caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts made to correct the violation; and
(6) any other matter that justice may require.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Section: Previous 264.001 264.002 264.003 264.004 264.005 264.006 264.007 264.008 264.009 264.010 264.011 264.0115 264.012 264.051 264.052 NextLast modified: September 28, 2016