Texas § 51.302 AMOUNT OF PENALTY.

Texas Statutes

§ 51.302 — AMOUNT OF PENALTY.

Texas § 51.302

Code OCOccupations Code

This text of Texas § 51.302 (AMOUNT OF 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. § 51.302 (2026).

Text

Sec. 51.302. AMOUNT OF PENALTY.

(a)If the relevant law establishing a program regulated by the department does not state the maximum amount of an administrative penalty under that law, the amount of the penalty shall be assessed by the commission or executive director in an amount that may not exceed $5,000 per day for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.

(b)The amount of the penalty shall be based on:

(1)the seriousness of the violation;

(2)the respondent's history of previous violations;

(3)the amount necessary to deter a future violation;

(4)efforts made by the respondent to correct the violation; and

(5)any other matter that justice may require.

(c)The commission shall by rule or by procedure publis

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Sec. 51.302. AMOUNT OF PENALTY. (a) If the relevant law establishing a program regulated by the department does not state the maximum amount of an administrative penalty under that law, the amount of the penalty shall be assessed by the commission or executive director in an amount that may not exceed $5,000 per day for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation;
(2) the respondent's history of previous violations;
(3) the amount necessary to deter a future violation;
(4) efforts made by the respondent to correct the violation; and
(5) any other matter that justice may require.
(c) The commission shall by rule or by procedure published in the Texas Register establish a written enforcement plan that provides notice to license holders of the specific ranges of penalties that apply to specific alleged violations and the criteria by which the department determines the amount of a proposed administrative penalty.

Legislative History

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 836, Sec. 27, eff. June 14, 2001; Acts 2003, 78th Leg., ch. 816, Sec. 1.017, eff. Sept. 1, 2003.