Texas § 2301.801 CIVIL PENALTY.

Texas Statutes

§ 2301.801 — CIVIL PENALTY.

Texas § 2301.801

Code OCOccupations Code

This text of Texas § 2301.801 (CIVIL PENALTY.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Occupations Code Code Ann. § 2301.801 (2026).

Text

Sec. 2301.801. CIVIL PENALTY.

(a)If, after a proceeding under this chapter and board rules, the board determines that a person is violating or has violated this chapter, a rule adopted or order issued under this chapter, or Section 503.038 (a), Transportation Code, the board may impose a civil penalty. The amount of the penalty may not exceed $10,000 for each violation. Each act of violation and each day a violation continues is a separate violation.

(b)In determining the amount of the penalty, the board shall consider:

(1)the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited act, and the harm or potential harm to the safety of the public;

(2)the economic damage to the public caused by the violation;

(3)the history of previous vio

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Sec. 2301.801. CIVIL PENALTY. (a) If, after a proceeding under this chapter and board rules, the board determines that a person is violating or has violated this chapter, a rule adopted or order issued under this chapter, or Section 503.038 (a), Transportation Code, the board may impose a civil penalty. The amount of the penalty may not exceed $10,000 for each violation. Each act of violation and each day a violation continues is a separate violation.
(b) In determining the amount of the penalty, the board shall consider:
(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited act, and the harm or potential harm to the safety of the public;
(2) the economic damage to the public caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
(c) Notwithstanding any other law to the contrary, a civil penalty recovered under this chapter shall be deposited in the state treasury to the credit of the Texas Department of Motor Vehicles fund.

Buddy Gregg Motor Homes, Inc.//Cross-Appellant, Marathon Coach, Inc., D/B/A Marathon Coach of Texas v. Motor Vehicle Board of the Texas Department of Transportation and Marathon Coach, Inc., D/B/A Marathon Coach of Texas//Cross-Appellees, Motor Vehicle Board of the Texas Department of Transportation and Buddy Gregg Motor Homes, Inc.

(Court of Appeals of Texas, 2004)

Sterling Truck Corporation and Ford Motor Company v. Motor Vehicle Board of the Texas Department of Transportation and Metro Ford Truck Sales, Inc.

(Court of Appeals of Texas, 2008)

Legislative History

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1287 (H.B. 2202 ), Sec. 5, eff. September 1, 2013.