Sec. 481.302. AMOUNT OF PENALTY. (a) The amount of the penalty may not exceed $1,000 for each violation, and each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. The total amount of the penalty assessed for a violation continuing or occurring on separate days under this subsection may not exceed $20,000.
(b) The amount shall be based on:
(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2) the threat to health or safety caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) whether the violator demonstrated good faith, including when applicable whether the violator made good faith efforts to correct the violation; and
(6) any other matter that justice may require.
Added by Acts 2007, 80th Leg., R.S., Ch. 1391 (S.B. 1879), Sec. 5, eff. September 1, 2007.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle C - Substance Abuse Regulation and Crimes
Chapter 481 - Texas Controlled Substances Act
Subchapter H. Administrative Penalty
Section 481.301. Imposition of Penalty
Section 481.302. Amount of Penalty
Section 481.303. Report and Notice of Violation and Penalty
Section 481.304. Penalty to Be Paid or Informal Hearing Requested
Section 481.305. Formal Hearing
Section 481.307. Options Following Decision: Pay or Appeal
Section 481.308. Stay of Enforcement of Penalty
Section 481.309. Collection of Penalty
Section 481.310. Decision by Court
Section 481.311. Remittance of Penalty and Interest
Section 481.312. Release of Bond