Section 1101.702 - Amount of Penalty(a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs may be considered a separate violation for purposes of imposing a penalty.(b) In determining the amount of the penalty, the executive director shall consider:(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited acts;(2) the history of previous violations;(3) the amount necessary to deter a future violation;(4) efforts to correct the violation; and(5) any other matter that justice may require.(c) The commission by rule shall adopt a schedule of administrative penalties based on the criteria listed in Subsection (b) for violations subject to an administrative penalty under this section to ensure that the amount of a penalty imposed is appropriate to the violation. The rules adopted under this subsection must provide authority for the commission to suspend or revoke a license in addition to or instead of imposing an administrative penalty.Tex. Occ. Code § 1101.702
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1158,Sec. 77, eff. 1/1/2016.Amended By Acts 2007, 80th Leg., R.S., Ch. 1411, Sec. 26, eff. 9/1/2007.Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.160(e), eff. 9/1/2003.Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. 6/1/2003.