Texas Agriculture Code
§ 12.020 — ADMINISTRATIVE PENALTIES
AG § 12.020Title 2. DEPARTMENT OF AGRICULTURE · Ch. 12. POWERS AND DUTIES
Statute text
View on source(a)If a person violates a provision of law described by Subsection (c) or a rule or order adopted by the department under a provision of law described by Subsection (c), the department may assess an administrative penalty against the person as provided by this section.
(b)The penalty for each violation may be in an amount not to exceed the maximum provided by Subsection (c) of this section. Each day a violation continues or occurs may be considered a separate violation for purposes of penalty assessments.
(c)The provisions of law subject to this section and the applicable penalty amounts are as follows: ProvisionAmount of Penalty Chapters 13, 14A, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 122, 125, 132,and 134not more than $5,000Subchapters A, B, and C, Chapter 71not more than $5,000Chapter 14not more than $10,000Chapter 1951, Occupations Codenot more than $5,000Chapter 153, Natural ResourcesCodenot more than $5,000Section 91.009not more than $5,000.(d) In determining the amount of the penalty, the department shall consider:
(1)the seriousness of the violation, including but not limited to the nature, circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public;
(2)the damage to property or the environment caused by the violation;
(3)the history of previous violations;
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Legislative history
Acts 2007, 80th Leg., R.S., Ch. 963 (H.B. 4062), Sec. 2, eff. June 15, 2007. Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 6.01, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 97 (S.B. 893), Sec. 1, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 567 (H.B. 3199), Sec. 2, eff. June 17, 2011. Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 1.01, eff. September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. 896 (H.B. 3227), Sec. 1, eff. June 15, 2017. Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 1, eff. June 10, 2019. Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 4, eff. September 1, 2020.