Administrative Penalty

Sec. 431.054. ADMINISTRATIVE PENALTY. (a) The department may assess an administrative penalty against a person who violates Subchapter B or an order adopted or registration issued under this chapter. (b) In determining the amount of the penalty, the department shall consider: (1) the person's previous violations; (2) the seriousness of the violation; (3) any hazard to the health and safety of the public; (4) the person's demonstrated good faith; and (5) such other matters as justice may require. (c) The penalty may not exceed $25,000 a day for each violation. (d) Each day a violation continues may be considered a separate violation. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 539, Sec. 4, eff. Sept. 1, 1991. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0955, eff. April 2, 2015.