Section 401.384 - Administrative Penalty(a) The department may assess an administrative penalty as provided by this section and Sections 401.385-401.390 against a person who causes, suffers, allows, or permits a violation of a provision of this chapter relating to an activity under the department's jurisdiction, a rule adopted by the executive commissioner under this chapter, an order issued by the department under this chapter, or a condition of a license or registration issued by the department under this chapter.(b) The penalty for each violation may not exceed $10,000 a day for a person who violates this chapter or a rule, order, license, or registration issued under this chapter. Each day a violation continues may be considered a separate violation.(c) In determining the amount of the penalty, the department shall consider: (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited acts and the hazard or potential hazard created to the public health or safety;(2) the history of previous violations;(3) the amount necessary to deter future violations;(4) efforts to correct the violation; and(5) any other matters that justice requires.Tex. Health and Safety Code § 401.384
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 3.0924, eff. 4/2/2015.Amended By Acts 2001, 77th Leg., ch. 1009, Sec. 6, eff. 9/1/2001.Amended By Acts 1997, 75th Leg., ch. 1072, Sec. 52, eff. 9/1/1997Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.238, eff. 9/1/1995 Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989.