Texas Natural Resources Code

§ 40.252 — ADMINISTRATIVE PENALTIES

NR § 40.252Title 2. PUBLIC DOMAIN · Part C. ADMINISTRATION · Ch. 40. OIL SPILL PREVENTION AND RESPONSE ACT OF 1991 · Art. F. ENFORCEMENT

Statute text

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The commissioner may assess administrative penalties for the violations and in the amounts established in Section 40.251 of this code. In determining the amount of penalties, 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.

Legislative history

Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.