Texas Occupations Code

§ 51.302 — AMOUNT OF PENALTY

OC § 51.302Title 2. GENERAL PROVISIONS RELATING TO LICENSING · Ch. 51. TEXAS DEPARTMENT OF LICENSING AND REGULATION · Art. F. ADMINISTRATIVE PENALTY

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(a)If the relevant law establishing a program regulated by the department does not state the maximum amount of an administrative penalty under that law, the amount of the penalty shall be assessed by the commission or executive director in an amount that may not exceed $5,000 per day 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;

(2)the respondent's history of previous violations;

(3)the amount necessary to deter a future violation;

(4)efforts made by the respondent to correct the violation; and

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Legislative history

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 836, Sec. 27, eff. June 14, 2001; Acts 2003, 78th Leg., ch. 816, Sec. 1.017, eff. Sept. 1, 2003.