Texas Water Code
§ 11.0842 — ADMINISTRATIVE PENALTY
WA § 11.0842Title 2. WATER ADMINISTRATION · Part B. WATER RIGHTS · Ch. 11. WATER RIGHTS · Art. C. UNLAWFUL USE, DIVERSION, WASTE, ETC
Statute text
View on source(a)If a person violates this chapter, a rule or order adopted under this chapter or Section 16.236, or a permit, certified filing, or certificate of adjudication issued under this chapter, the commission may assess an administrative penalty against that person as provided by this section. The commission may assess an administrative penalty for a violation relating to a water division or a river basin or segment of a river basin regardless of whether a watermaster has been appointed for the water division or river basin or segment of the river basin. (a-1) Notwithstanding Section 18.002, this section does not apply to a violation of:
(1)Section 18.003 or a permit issued under that section; or
(2)Section 18.004 or an authorization granted under that section.
(b)The penalty may be in an amount not to exceed $5,000 for each day the person is in violation of this chapter, the rule or order adopted under this chapter, or the permit, certified filing, or certificate of adjudication issued under this chapter. The penalty may be in an amount not to exceed $1,000 for each day the person is in violation of the rule or order adopted under Section 16.236 of this code. Each day a violation continues may be considered a separate violation for purposes of penalty assessment.
(c)In determining the amount of the penalty, the commission shall consider:
(1)the nature, circumstances, extent, duration, and gravity of the prohibited acts, with special emphasis on the impairment of an existing permit, certified filing, or certificate of adjudication or the hazard or potential hazard created to the health, safety, or welfare of the public;
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Legislative history
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.10, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.10, eff. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 7, eff. June 17, 2015.