Sec. 436.034.  ADMINISTRATIVE PENALTY.  (a)  The department may assess an administrative penalty against a person who violates Section 436.011 or an order issued under this chapter.
(b)  In determining the amount of the penalty, the department shall consider:
(1)  the person's previous violations;
(2)  the seriousness of the violation;
(3)  the hazard to the health and safety of the public;
(4)  the person's demonstrated good faith; and
(5)  other matters as justice may require.
(c)  The penalty may not exceed $25,000 a day for each violation.
(d)  Each day of a continuing violation constitutes a separate violation.
Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1101, eff. April 2, 2015.