Texas Occupations Code 1956.041 – Administrative Penalty
(a) The commission, after notice and an opportunity for a hearing, may impose an administrative penalty on a person who:
(1) violates this subchapter or Subchapter A-2 or a rule or order of the commission under this chapter; or
(2) engages in conduct that would constitute an offense under § 1956.040(c-2) or (c-4).
(b) Except as provided by Subsection (b-1), the amount of the administrative penalty may not exceed $1,000. Each day a violation occurs or continues to occur is a separate violation for the purpose of imposing a penalty under this section. In determining the amount of the administrative penalty under this section, the commission shall consider:
(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2) the economic harm caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
Terms Used In Texas Occupations Code 1956.041
- 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
(b-1) The amount of an administrative penalty for engaging in conduct described by Subsection (a)(2) or for a violation of § 1956.036(f) may not exceed $1,000 for each violation. The aggregate penalty under this subsection for multiple violations may not exceed $10,000.
(b-2) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(2), eff. September 1, 2019.
(c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(2), eff. September 1, 2019.
(d) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(2), eff. September 1, 2019.
(e) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(2), eff. September 1, 2019.
(f) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(2), eff. September 1, 2019.