Sec. 63.1811.  ADMINISTRATIVE PENALTY.  The commissioner may assess an administrative penalty for a violation of Section 63.091 or any rule, permit, or order issued under this chapter in the amount established by Section 63.181(b) for a civil penalty.  In determining the amount of the penalty, the commissioner shall consider:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation and the hazard or damage caused thereby;
(2)  the degree of cooperation and quality of response;
(3)  the degree of culpability and history of previous violations by the person subject to the penalty;
(4)  the amount necessary to deter future violations; and
(5)  any other matter that justice requires.
Added by Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 20, eff. September 1, 2007.