Sec. 61.0181. ADMINISTRATIVE PENALTY. The commissioner may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter in the amount provided by Section 61.018(c) for a civil penalty. In determining the amount of the penalty, the commissioner shall consider:
(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation and the hazard or damage caused thereby;
(2) the degree of cooperation and quality of response;
(3) the degree of culpability and history of previous violations by the person subject to the penalty;
(4) the amount necessary to deter future violations; and
(5) any other matter that justice requires.
Added by Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 13, eff. September 1, 2007.
Structure Texas Statutes
Subtitle E - Beaches and Dunes
Chapter 61 - Use and Maintenance of Public Beaches
Subchapter B. Access to Public Beaches
Section 61.011. Policy and Rules
Section 61.014. Denial of Access by Posting
Section 61.015. Beach Access and Use Plans
Section 61.016. Boundaries for Areas With No Marked Vegetation Line
Section 61.017. Line of Vegetation Unaffected by Certain Conditions
Section 61.0171. Temporary Suspension of Line of Vegetation Determination
Section 61.0181. Administrative Penalty
Section 61.0182. Enforcement Provisions Cumulative
Section 61.0184. Notice Requirements; Orders and Hearings
Section 61.0185. Temporary Suspension of Submission of Requests That Attorney General File Suit
Section 61.019. Declaratory Judgment Suits
Section 61.020. Prima Facie Evidence
Section 61.021. Area Not Covered by Subchapter
Section 61.0211. State or National Park Covered by Subchapter
Section 61.022. Government Agencies and Subdivisions
Section 61.023. Effect on Land Titles and Property Adjacent to and on Beaches
Section 61.024. Effect of Subchapter on Definition of Public Beach