Sec. 264.002.  AMOUNT OF PENALTY.  (a)  The amount of the administrative penalty may not exceed $5,000 for each violation.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b)  The executive director or a board subcommittee, of which, at least one member is a public member of the board, shall determine the amount of the penalty based on a standardized penalty schedule.  The board by rule shall develop the schedule based on:
(1)  the seriousness of the violation, including:
(A)  the nature, circumstances, extent, and gravity of the violation;  and
(B)  the hazard or potential hazard created to the health, safety, or welfare of the public;
(2)  the economic damage to property or the environment caused by the violation;
(3)  the history of previous violations;
(4)  the amount necessary to deter a future violation;
(5)  efforts made to correct the violation;  and
(6)  any other matter that justice may require.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.