Sec. 485.102. 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 $5,000.
(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 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1, 1999.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle C - Substance Abuse Regulation and Crimes
Chapter 485 - Abusable Volatile Chemicals
Subchapter D. Administrative Penalty
Section 485.101. Imposition of Penalty
Section 485.102. Amount of Penalty
Section 485.103. Report and Notice of Violation and Penalty
Section 485.104. Penalty to Be Paid or Hearing Requested
Section 485.106. Decision by Department
Section 485.107. Options Following Decision: Pay or Appeal
Section 485.108. Stay of Enforcement of Penalty
Section 485.109. Collection of Penalty
Section 485.110. Decision by Court
Section 485.111. Remittance of Penalty and Interest