Tex. Health & Safety Code Section 436.034
Administrative Penalty


(a)

The department may assess an administrative penalty against a person who violates Section 436.011 (Prohibited Acts) 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.
Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1101, eff. April 2, 2015.

Source: Section 436.034 — Administrative Penalty, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­436.­htm#436.­034 (accessed Apr. 29, 2024).

Accessed:
Apr. 29, 2024

§ 436.034’s source at texas​.gov