(a) The amount of the penalty assessed against a manufacturer that does not label its covered television equipment or adopt and implement a recovery plan as required by §328.169 of this title (relating to Manufacturer's Labeling Requirement) or §328.173 of this title (relating to Manufacturer's Recovery Plan and Related Responsibilities) as applicable, may not exceed $10,000 for the second violation or $25,000 for each subsequent violation.
(b) Except as provided by subsection (a) of this section, the amount of the penalty for a violation of this subchapter may not exceed $1,000 for the second violation or $2,000 for each subsequent violation.
(c) A penalty under this section is in addition to any other penalty that may be assessed for a violation of Texas Health and Safety Code, Chapter 361, Subchapter Y or Z.

Source Note: The provisions of this §328.197 adopted to be effective May 1, 2012, 37 TexReg 2660