Texas Occupations Code 301.502 – Amount of Penalty
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(a) The amount of the 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, circumstances, extent, and gravity of any prohibited acts; 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.
Terms Used In Texas Occupations Code 301.502
- 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