(a) Any unpaid assessments due to the Council pursuant to §23.105 of this subchapter (relating to Collection of Assessments) shall be increased 2.0 percent each month beginning with the day following the date such assessments were due. Any remaining amount due, which shall include any unpaid charges previously made pursuant to this section, shall be increased at the same rate on the corresponding day of each month thereafter until paid. For the purposes of this section, any assessment that was determined at a date later than prescribed by this subchapter because of a person's failure to submit a report to the Council when due shall be considered to have been payable by the date it would have been due if the report had been filed when due.
(b) Upon failure to remit assessments, the Council may use data to determine a fair assessment in order to provide a basis for penalty as found in subsection (a) of this section. Data used by the Council to determine a fair assessment may include, but is not limited to, historical sales trends, market reports, or information provided by other governmental agencies.
(c) Violations of this subchapter may be referred to the Department for assessment of administrative penalties, civil or criminal penalties, or the suspension or revocation of a Department issued license in accordance with Chapter 41 of the Agriculture Code.

Source Note: The provisions of this §23.107 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953