Section 1301.702 - 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 is a separate violation for purposes of imposing a penalty.(b) The amount of the penalty shall be based on:(1) the seriousness of the violation, including:(A) the nature, circumstance, extent, and gravity of any prohibited act; and(B) the hazard or potential hazard created to the health, safety, or economic welfare of the public;(2) the economic harm 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.(c) The board by rule or through procedures adopted by the board and published in the Texas Register shall develop a standardized penalty schedule based on the criteria listed in Subsection (b).Tex. Occ. Code § 1301.702
Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. 9/1/2003.