Texas Natural Resources Code 61.0181 – Administrative Penalty
Current as of: 2024 | Check for updates
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Terms Used In Texas Natural Resources Code 61.0181
- 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
- Rule: includes regulation. See Texas Government Code 311.005
The commissioner may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter in the amount provided by § 61.018(c) for a civil penalty. In determining the amount of the penalty, the commissioner shall consider:
(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation and the hazard or damage caused thereby;
(2) the degree of cooperation and quality of response;
(3) the degree of culpability and history of previous violations by the person subject to the penalty;
(4) the amount necessary to deter future violations; and
(5) any other matter that justice requires.