Texas Occupations Code 1001.502 – Amount of Administrative Penalty
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(a) The amount of an administrative penalty may not exceed:
(1) $5,000 for each violation of this chapter or a rule adopted or order issued under this chapter; and
(2) $1,500 for each violation of Chapter 1071 or a rule adopted or order issued under Chapter 1071.
(a-1) Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
Terms Used In Texas Occupations Code 1001.502
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Property: means real and personal property. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation, including:
(A) the nature, circumstances, extent, and gravity of the 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 or resistance to efforts to correct the violation; and
(6) any other matter that justice may require.
(c) The board may include in the amount of the penalty the actual costs of investigating and prosecuting the violation.