Section 86.222 - Penalties(a) Any person who violates a provision of this chapter or a rule or order adopted under this chapter is liable for a penalty of not more than: (1) $10,000 for each offense when the provision, rule, or order pertains to safety or the prevention or control of pollution; or(2) $1,000 for each offense when the provision, rule, or order does not pertain to safety or the prevention or control of pollution.(a-1) Notwithstanding Subsection (a), a person who violates a provision of a rule adopted under Section 86.044 is liable for a penalty of not more than $1,000,000 for each offense.(b) Each day a violation occurs constitutes a separate offense.(c) The commission by rule shall establish a classification system to be used by a court under this subchapter for violations of rules adopted under Section 86.044 that includes a range of penalties that may be recovered for each class of violation based on:(1) the seriousness of the violation, including:(A) the nature, circumstances, extent, and gravity of a prohibited act; and(B) the hazard or potential hazard created to the health, safety, or economic welfare of the public;(2) the history of previous violations;(3) the amount necessary to deter future violations;(4) efforts to correct the violation; and(5) any other matter that justice may require.(d) The classification system established under Subsection (c) shall provide that a penalty in an amount that exceeds $5,000 may be recovered only if the violation is included in the highest class of violations in the classification system.Tex. Nat. Res. Code § 86.222
Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 426,Sec. 6, eff. 6/8/2021.Amended by Acts 1983, 68th Leg., p. 5251, ch. 967, Sec. 1, eff. 9/1/1983. Acts 1977, 65th Leg., p. 2539, ch. 871, art. I, Sec. 1, eff. 9/1/1977.