Sec. 242.320.  ADMINISTRATIVE PENALTY AS SANCTION.  (a)  The department may impose an administrative penalty against a person licensed or regulated under this subchapter who violates this subchapter or a rule adopted by the board under this subchapter.
(b)  The penalty for a violation may be in an amount not to exceed $1,000. Each day a violation occurs or continues is a separate violation for purposes of imposing a penalty.
(c)  The amount of the penalty shall be based on:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited acts, and 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 future violations;
(5)  efforts to correct the violations;  and
(6)  any other matter that justice may require.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.