Texas Water Code

§ 13.4151 — ADMINISTRATIVE PENALTY

WA § 13.4151Title 2. WATER ADMINISTRATION · Part B. WATER RIGHTS · Ch. 13. WATER RATES AND SERVICES · Art. K. VIOLATIONS AND ENFORCEMENT

Statute text

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(a)If a person, affiliated interest, or entity subject to the jurisdiction of the utility commission or the commission violates this chapter or a rule or order adopted under this chapter, the utility commission or the commission, as applicable, may assess a penalty against that person, affiliated interest, or entity as provided by this section. The penalty may be in an amount not to exceed $5,000 a day. Each day a violation continues may be considered a separate violation.

(b)In determining the amount of the penalty, the utility commission or the commission shall consider:

(1)the nature, circumstances, extent, duration, and gravity of the prohibited acts or omissions;

(2)with respect to the alleged violator:

(A)the history and extent of previous violations;

(B)the degree of culpability, including whether the violation was attributable to mechanical or electrical failures and whether the violation could have been reasonably anticipated and avoided;

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.12, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.76, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 76, eff. September 1, 2013.