Sec. 245.017. ADMINISTRATIVE PENALTY. (a) The department may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter.
(b) The penalty may not exceed $1,000 for each violation. Each day of a continuing violation constitutes a separate violation.
(c) In determining the amount of an administrative penalty assessed under this section, the department shall consider:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter future violations;
(4) efforts made to correct the violation; and
(5) any other matters that justice may require.
(d) All proceedings for the assessment of an administrative penalty under this chapter are subject to Chapter 2001, Government Code.
Added by Acts 1997, 75th Leg., ch. 23, Sec. 4, eff. Sept. 1, 1997.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 245 - Abortion Facilities
Section 245.003. License Required
Section 245.004. Exemptions From Licensing Requirement
Section 245.004. Exemptions From Licensing Requirement
Section 245.005. License Application and Issuance
Section 245.009. Adoption of Rules
Section 245.010. Minimum Standards
Section 245.0105. Unique Identifying Number; Disclosure in Advertisement
Section 245.011. Physician Reporting Requirements; Criminal Penalty
Section 245.0115. Notification
Section 245.0116. Department Report
Section 245.012. Denial, Suspension, Probation, or Revocation of License
Section 245.014. Criminal Penalty
Section 245.015. Civil Penalty
Section 245.016. Abortion in Unlicensed Abortion Facility to Prevent Death or Serious Impairment
Section 245.017. Administrative Penalty
Section 245.018. Report Recommending Administrative Penalty
Section 245.019. Hearing; Order
Section 245.020. Notice and Payment of Administrative Penalty; Judicial Review; Refund
Section 245.021. Penalty Deposited to State Treasury
Section 245.022. Recovery of Costs
Section 245.023. Public Information; Toll-Free Telephone Number
Section 245.024. Compliance With Certain Requirements Regarding Sonogram Before Abortion