Sec. 391.0355. ADMINISTRATIVE PENALTY. (a) In lieu of a suit to collect a civil penalty, the commission, after notice and an opportunity for a hearing before the commission, may impose an administrative penalty against a person who violates this chapter or a rule adopted by the commission under this chapter. Each day a violation continues is a separate violation.
(b) The amount of the administrative penalty may not exceed the maximum amount of a civil penalty under Section 391.035.
(c) A proceeding under this section is a contested case under Chapter 2001, Government Code.
(d) Judicial review of an appeal of an administrative penalty imposed under this section is under the substantial evidence rule.
(e) An administrative penalty collected under this section shall be deposited to the credit of the state highway fund.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 41, eff. September 1, 2011.
Structure Texas Statutes
Subtitle H - Highway Beautification
Chapter 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads
Subchapter B. Regulation of Commercial Signs Generally
Section 391.031. Unlawful Commercial Signs; Offense
Section 391.032. Regulation of Commercial Signs in Industrial or Commercial Area
Section 391.033. Acquisition of Commercial Signs by Commission
Section 391.034. Nuisance; Injunction
Section 391.035. Civil Penalty
Section 391.0355. Administrative Penalty
Section 391.036. Scope of Commission Responsibility
Section 391.0381. Violations by Certain Persons of Sign Height Provision: Permit Denial
Section 391.039. Spacing Requirements in Certain Municipalities