(a) Amount of administrative penalty under Transportation Code, §623.271.
  (1) Transportation Code, §623.271 governs the amount of an administrative penalty that the department may assess against a person or the holder of an oversize or overweight permit, as applicable.
  (2) In an action brought by the department, the aggregate amount of administrative penalty shall not exceed $5,000 unless it is found that the person or the holder of the permit knowingly committed a violation.
  (3) In an action brought by the department, if it is found that the person or the holder of the permit knowingly committed a violation, the aggregate amount of administrative penalty shall not exceed $15,000. "Knowingly" means actual awareness of the act or practice that is the alleged violation, or acting with deliberate ignorance of or reckless disregard for the violation involved. Actual awareness may be inferred from the conduct of the alleged violator or from the history of previous violations by the alleged violator.
  (4) In an action brought by the department, if it is found that the person or the holder of the permit knowingly committed multiple violations, the aggregate amount of administrative penalty for the multiple violations shall not exceed $30,000.
  (5) Each day a violation continues or occurs is a separate violation for purposes of imposing an administrative penalty.
(b) Amount of administrative penalty under Transportation Code, §623.272.
  (1) Transportation Code, §623.272 governs the amount of an administrative penalty that the department may assess against a shipper.
  (2) The amount of an administrative penalty imposed under this subsection is calculated in the same manner as the amount of an administrative penalty imposed under subsection (a) of this section.
(c) Amount of administrative penalty under Transportation Code, §643.251.
  (1) Transportation Code, §643.251 governs the amount of an administrative penalty that the department may assess against a motor carrier that is required to register under Subchapter B of Chapter 643 of the Transportation Code and violates Transportation Code, Chapter 643 or a rule or order adopted under Chapter 643.
  (2) In an action brought by the department, the aggregate amount of administrative penalty shall not exceed $5,000 unless it is found that the motor carrier knowingly committed a violation.
  (3) In an action brought by the department, if it is found that the motor carrier knowingly committed a violation, the aggregate amount of administrative penalty shall not exceed $15,000. "Knowingly" means actual awareness of the act or practice that is the alleged violation, or acting with deliberate ignorance of or reckless disregard for the violation involved. Actual awareness may be inferred from the conduct of the alleged violator or from the history of previous violations by the alleged violator.
  (4) In an action brought by the department, if it is found that the motor carrier knowingly committed multiple violations, the aggregate amount of administrative penalty for the multiple violations shall not exceed $30,000.
  (5) Each day a violation continues or occurs is a separate violation for purposes of imposing an administrative penalty.
(d) Probation of suspension under Transportation Code, §643.252.
  (1) Transportation Code, §643.252 authorizes the department to place on probation a motor carrier whose registration is suspended.
  (2) In determining whether to probate a suspension of a motor carrier's registration, the department will consider the factors listed in Transportation Code, §643.251 regarding the amount of an administrative penalty.
  (3) The department shall set the length of the probation based on the seriousness of the violation and previous violations by the motor carrier.
  (4) The department will require that the motor carrier report monthly to the department any information necessary to determine compliance with the terms of the probation.
(e) The department will publish a disciplinary matrix on the department website to provide guidance to motor carriers on the penalties and sanctions that may be assessed for the most common violations. The department will consider the disciplinary matrix published at the time of the violation; however, the disciplinary matrix does not prevent the department from seeking administrative penalties and sanctions above or below the recommended ranges listed in the disciplinary matrix. Also, the disciplinary matrix does not prevent the director from ordering administrative penalties and sanctions above or below the recommended ranges listed in the disciplinary matrix.

Source Note: The provisions of this §224.115 adopted to be effective June 1, 2024, 49 TexReg 2771