Tex. Occ. Code § 1051.452 · Subchapter I. ADMINISTRATIVE PENALTY
AMOUNT OF ADMINISTRATIVE PENALTY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b) In determining the amount of a penalty, the board shall consider:
(1) the seriousness of the conduct that is the ground for imposing the penalty, including:
(A) the nature, circumstances, extent, and gravity of any relevant act or omission; and
(B) the hazard or potential hazard created to the health or safety of the public;
(2) the economic damage to property caused by the conduct;
(3) the history of previous grounds for imposing a penalty on the person who engaged in the conduct;
(4) the amount necessary to deter future conduct that is a ground for imposing a penalty;
(5) efforts to correct the conduct that is a ground for imposing a penalty; and
(6) any other matter that justice may require.
(c) The board by rule shall adopt an administrative penalty schedule for violations of this subtitle or board rules to ensure that the amounts of penalties imposed are appropriate to the violation. The board must provide the administrative penalty schedule to the public on request.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.16, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 316 (H.B. 1717), Sec. 6, eff. September 1, 2013.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1051.htm
- Text hash
- sha256 3f67215d86c16b0a2dba532d9ebf21be6633622ca86955a27f32ccabae664a66
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 1 provision
Provisions in this library whose text cites Tex. Occ. Code § 1051.452. Each shows the citation as that text prints it.
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