Texas Statutes (Last Updated: January 4, 2014) |
HEALTH AND SAFETY CODE |
Title 5. SANITATION AND ENVIRONMENTAL QUALITY |
Subtitle D. NUCLEAR AND RADIOACTIVE MATERIALS |
Chapter 401. RADIOACTIVE MATERIALS AND OTHER SOURCES OF RADIATION |
Subchapter J. ENFORCEMENT |
Sec. 401.384. ADMINISTRATIVE PENALTY
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(a) The department may assess an administrative penalty as provided by this section and Sections 401.385-401.390 against a person who causes, suffers, allows, or permits a violation of a provision of this chapter relating to an activity under the department's jurisdiction, a rule or order adopted by the department under this chapter, or a condition of a license or registration issued by the department under this chapter.
(b) The penalty for each violation may not exceed $10,000 a day for a person who violates this chapter or a rule, order, license, or registration issued under this chapter. Each day a violation continues may be considered a separate violation.
(c) In determining the amount of the penalty, the department shall consider:
(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited acts and the hazard or potential hazard created to the public health or safety;
(2) the history of previous violations;
(3) the amount necessary to deter future violations;
(4) efforts to correct the violation; and
(5) any other matters that justice requires.