Sec. 141.016. ADMINISTRATIVE PENALTY  


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  • (a) The commissioner may assess an administrative penalty if a person violates this Act or a rule or order adopted or license issued under this Act.

    (b) In determining the amount of the penalty, the commissioner shall consider:

    (1) the person's previous violations;

    (2) the seriousness of the violation;

    (3) any hazard to the health and safety of the public;

    (4) the person's demonstrated good faith; and

    (5) such other matters as justice may require.

    (c) The penalty may not exceed $1,000 a day for each violation.

    (d) Each day a violation continues may be considered a separate violation.

Added by Acts 1991, 72nd Leg., ch. 251, Sec. 5, eff. Sept. 1, 1991. Amended by Acts 2001, 77th Leg., ch. 1373, Sec. 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 636, Sec. 4, eff. Sept. 1, 2003.