Texas Natural Resources Code

§ 61.0181 — ADMINISTRATIVE PENALTY

NR § 61.0181Title 2. PUBLIC DOMAIN · Part E. BEACHES AND DUNES · Ch. 61. USE AND MAINTENANCE OF PUBLIC BEACHES · Art. B. ACCESS TO PUBLIC BEACHES

Statute text

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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 Section 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.

Legislative history

Added by Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 13, eff. September 1, 2007.