Sec. 42.075. CIVIL PENALTY. (a) A person is subject to a civil penalty of not less than $50 nor more than $100 for each day of violation and for each act of violation if the person:
(1) threatens serious harm to a child in a facility or family home by violating a provision of this chapter or a department rule or standard;
(2) violates a provision of this chapter or a department rule or standard three or more times within a 12-month period;
(3) places a public advertisement for an unlicensed facility or an unlisted or unregistered family home;
(4) knowingly fails to meet or maintain any criterion of an exemption authorized under Section 42.041 and engages in activities that require a license or registration; or
(5) fails to inform the department of a change in status and the person knows the change in status requires the person to be licensed or registered under this chapter.
(b) The civil penalty authorized by this section is cumulative and in addition to the criminal penalties and injunctive relief provided by this chapter.
Acts 1979, 66th Leg., p. 2367, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 40, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1217, Sec. 16, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 16, eff. September 1, 2009.
Structure Texas Statutes
Title 2 - Human Services and Protective Services in General
Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services
Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services
Section 42.0704. Enforcement Policy
Section 42.0705. Range of Penalties
Section 42.071. Suspension or Probation of License or Registration
Section 42.0715. Costs Charged to Facility or Family Home
Section 42.072. License, Listing, or Registration Denial, Suspension, or Revocation
Section 42.073. Emergency Suspension and Closure of a Facility or Family Home
Section 42.074. Injunctive Relief
Section 42.076. Criminal Penalties
Section 42.0761. Criminal Penalty for Operating Day-Care Center Without Qualified Director
Section 42.077. Notice of Action Against Facility or Family Home
Section 42.078. Administrative Penalty