2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 417 - State Fire Marshal › Section 417.010. Disciplinary and Enforcement Actions; Administrative Penalties

Sec. 417.010.  DISCIPLINARY AND ENFORCEMENT ACTIONS; ADMINISTRATIVE PENALTIES. (a)  This section applies to each person and firm licensed, registered, or otherwise regulated by the department through the state fire marshal, including:
(1)  a person regulated under Title 20, Insurance Code; and
(2)  a person licensed under Chapter 2154, Occupations Code.
(b)  The commissioner by rule shall delegate to the state fire marshal the authority to take disciplinary and enforcement actions, including the imposition of administrative penalties in accordance with this section on a person regulated under a law listed under Subsection (a) who violates that law or a rule or order adopted under that law.  In the rules adopted under this subsection, the commissioner shall:
(1)  specify which types of disciplinary and enforcement actions are delegated to the state fire marshal; and
(2)  outline the process through which the state fire marshal may, subject to Subsection (e), impose administrative penalties or take other disciplinary and enforcement actions.
(c)  The commissioner by rule shall adopt a schedule of administrative penalties for violations subject to a penalty under this section to ensure that the amount of an administrative penalty imposed is appropriate to the violation.  The department shall provide the administrative penalty schedule to the public on request.  The amount of an administrative penalty imposed under this section must be based on:
(1)  the seriousness of the violation, including:
(A)  the nature, circumstances, extent, and gravity of the violation; and
(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2)  the economic harm to the public interest or public confidence 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;
(6)  whether the violation was intentional; and
(7)  any other matter that justice may require.
(d)  In the enforcement of a law that is enforced by or through the state fire marshal, the state fire marshal may, in lieu of cancelling, revoking, or suspending a license or certificate of registration, impose on the holder of the license or certificate of registration an order directing the holder to do one or more of the following:
(1)  cease and desist from a specified activity;
(2)  pay an administrative penalty imposed under this section; or
(3)  make restitution to a person harmed by the holder's violation of an applicable law or rule.
(e)  The state fire marshal shall impose an administrative penalty under this section in the manner prescribed for imposition of an administrative penalty under Subchapter B, Chapter 84, Insurance Code.  The state fire marshal may impose an administrative penalty under this section without referring the violation to the department for commissioner action.
(f)  An affected person may dispute the imposition of the penalty or the amount of the penalty imposed in the manner prescribed by Subchapter C, Chapter 84, Insurance Code.  Failure to pay an administrative penalty imposed under this section is subject to enforcement by the department.
Added by Acts 1993, 73rd Leg., ch. 912, Sec. 24, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1172, Sec. 3.10, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 4.004, eff. September 1, 2011.