Texas Health and Safety Code 431.054 – Administrative Penalty
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(a) The department may assess an administrative penalty against a person who violates Subchapter B or an order adopted or registration issued under this chapter.
(b) In determining the amount of the penalty, the department shall consider:
(1) the person’s previous violations;
(2) the seriousness of the violation;
(3) any hazard to the health and safety of the public;
(4) the person’s demonstrated good faith; and
(5) such other matters as justice may require.
Terms Used In Texas Health and Safety Code 431.054
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) The penalty may not exceed $25,000 a day for each violation.
(d) Each day a violation continues may be considered a separate violation.