Section 161.203 - Waiver or Reduction of Penalty(a) A person may request the waiver or reduction of a civil penalty by submitting an affidavit to the commission that states the filer's reasons for requesting a waiver or reduction.(b) The commission may waive or reduce a civil penalty if the commission finds that a waiver or reduction is in the public interest and in the interest of justice. The commission shall consider the following before acting to waive or reduce a civil penalty:(1) the facts and circumstances supporting the person's request for a waiver or reduction;(2) the seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity of the violation, and the amount of the penalty;(3) any history of previous violations by the person;(4) the demonstrated good faith of the person, including actions taken to rectify the consequences of the violation;(5) the penalty necessary to deter future violations; and(6) any other matter that justice may require.(c) After hearing the waiver request, the commission may affirm, reduce, or waive the civil penalty.Tex. Loc. Gov't. Code § 161.203
Added by Acts 2009, 81st Leg., R.S., Ch. 799, Sec. 1, eff. 9/1/2009.