Texas § OC.1001.502 - AMOUNT OF ADMINISTRATIVE PENALTY

§ OC.1001.502. AMOUNT OF ADMINISTRATIVE PENALTY

AMOUNT OF ADMINISTRATIVE PENALTY. (a) The amount of an administrative penalty may not exceed: (1) $5,000 for each violation of this chapter or a rule adopted or order issued under this chapter; and (2) $1,500 for each violation of Chapter 1071 or a rule adopted or order issued under Chapter 1071 . (a-1) 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 the prohibited act; 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 a future violation; (5) efforts or resistance to efforts to correct the violation; and (6) any other matter that justice may require. (c) The board may include in the amount of the penalty the actual costs of investigating and prosecuting the violation. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 402 (S.B. 204 ), Sec. 8, eff. September 1, 2013. Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523 ), Sec. 1.43, eff. September 1, 2019.