Sec. 1954.352. AMOUNT OF PENALTY. (a) The amount of an administrative penalty may not exceed $10,000 a day for each violation. Each day a violation continues may be considered a separate violation for purposes of imposing a penalty.
(b) In determining the amount of the penalty, the department shall consider:
(1) the seriousness of the violation;
(2) any hazard created to the health and safety of the public;
(3) the person's history of previous violations; and
(4) any other matter that justice may require.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.282, eff. April 2, 2015.
Structure Texas Statutes
Title 12 - Practices and Trades Related to Water, Health, and Safety
Subtitle B - Practices Related to Health and Safety
Chapter 1954 - Asbestos Health Protection
Subchapter H. Administrative Penalty
Section 1954.351. Imposition of Administrative Penalty
Section 1954.352. Amount of Penalty
Section 1954.353. Opportunity for Hearing; Order
Section 1954.354. Options Following Decision
Section 1954.355. Collection of Penalty
Section 1954.356. Judicial Review
Section 1954.357. Remittance of Penalty and Interest or Release of Bond