Section 436.034 - Administrative Penalty(a) The department may assess an administrative penalty against a person who violates Section 436.011 or an order issued under this chapter.(b) In determining the amount of the penalty, the department shall consider:(1) the person's previous violations;(2) the seriousness of the violation;(3) the hazard to the health and safety of the public;(4) the person's demonstrated good faith; and(5) other matters as justice may require.(c) The penalty may not exceed $25,000 a day for each violation.(d) Each day of a continuing violation constitutes a separate violation.Tex. Health and Safety Code § 436.034
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 3.1101, eff. 4/2/2015.Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. 9/1/1993.