Sec. 7.051. ADMINISTRATIVE PENALTY. (a) The commission may assess an administrative penalty against a person as provided by this subchapter if:
(1) the person violates:
(A) a provision of this code or of the Health and Safety Code that is within the commission's jurisdiction;
(B) a rule adopted or order issued by the commission under a statute within the commission's jurisdiction; or
(C) a permit issued by the commission under a statute within the commission's jurisdiction; and
(2) a county, political subdivision, or municipality has not instituted a lawsuit and is not diligently prosecuting that lawsuit under Subchapter H against the same person for the same violation.
(b) This subchapter does not apply to violations of Chapter 11, 12, 13, 16, or 36 of this code, or Chapter 341, Health and Safety Code.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
Structure Texas Statutes
Title 2 - Water Administration
Subtitle A - Executive Agencies
Subchapter C. Administrative Penalties
Section 7.051. Administrative Penalty
Section 7.052. Maximum Penalty
Section 7.0525. Penalties for Violations Related to Certain Dry Cleaning Facilities
Section 7.053. Factors to Be Considered in Determination of Penalty Amount
Section 7.054. Report of Violation
Section 7.055. Notice of Report
Section 7.059. Notice of Decision
Section 7.060. Notice of Penalty
Section 7.061. Payment of Penalty; Petition for Review
Section 7.063. Consent to Affidavit
Section 7.064. Judicial Review
Section 7.065. Penalty Reduced or Not Assessed
Section 7.066. Referral to Attorney General
Section 7.067. Supplemental Environmental Projects
Section 7.068. Full and Complete Satisfaction
Section 7.069. Disposition of Penalty
Section 7.070. Findings of Fact Not Required; Reservations
Section 7.071. Inadmissibility
Section 7.072. Recovery of Penalty