Sec. 1701.507.  ADMINISTRATIVE PENALTIES.  (a)  In addition to other penalties imposed by law, a law enforcement agency or governmental entity that violates this chapter or a rule adopted under this chapter is subject to an administrative penalty in an amount set by the commission not to exceed $1,000 per day per violation.  The administrative penalty shall be assessed in a proceeding conducted in accordance with Chapter 2001, Government Code.
(b)  The amount of the penalty shall be based on:
(1)  the seriousness of the violation;
(2)  the respondent's history of violations;
(3)  the amount necessary to deter future violations;
(4)  efforts made by the respondent to correct the violation; and
(5)  any other matter that justice may require.
(c)  The commission by rule shall establish a written enforcement plan that provides notice of the specific ranges of penalties that apply to specific alleged violations and the criteria by which the commission determines the amount of a proposed administrative penalty.
Added by Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 23, eff. September 1, 2009.