Section 264.002 - Amount of Penalty(a) The amount of the administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.(b) The executive director or a board subcommittee, of which, at least one member is a public member of the board, shall determine the amount of the penalty based on a standardized penalty schedule. The board by rule shall develop the schedule based on:(1) the seriousness of the violation, including:(A) the nature, circumstances, extent, and gravity of the violation; and(B) the hazard or potential hazard created to the health, safety, or welfare of the public;(2) the economic damage to property or the environment caused by the violation;(3) the history of previous violations;(4) the amount necessary to deter a future violation;(5) efforts made to correct the violation; and(6) any other matter that justice may require. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. 9/1/1999.