Sec. 2306.042.  AMOUNT OF PENALTY.  (a)  The amount of an administrative penalty may not exceed $1,000 for each violation.  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, circumstance, extent, and gravity of any prohibited act; and
(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2)  the history of previous violations;
(3)  the amount necessary to deter a future violation;
(4)  efforts made to correct the violation; and
(5)  any other matter that justice may require.
(c)  The board by rule or through procedures adopted by the board and published in the Texas Register shall develop a standardized penalty schedule based on the criteria listed in Subsection (b).
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.