2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter C. Administrative Penalties › Section 7.052. Maximum Penalty

Sec. 7.052.  MAXIMUM PENALTY.  (a)  The amount of the penalty for a violation of Chapter 37 of this code, Chapter 366, 371, or 372, Health and Safety Code, or Chapter 1903, Occupations Code, may not exceed $5,000 a day for each violation.
(b)  Except as provided by Subsection (b-3), the amount of the penalty for operating a rock crusher or a concrete plant that performs wet batching, dry batching, or central mixing, that is required to obtain a permit under Section 382.0518, Health and Safety Code, and that is operating without the required permit is $10,000.  Each day that a continuing violation occurs is a separate violation.
(b-1)  The amount of the penalty assessed against a manufacturer that does not label its computer equipment or covered television equipment or adopt and implement a recovery plan as required by Section 361.955, 361.975, or 361.978, Health and Safety Code, as applicable, may not exceed $10,000 for the second violation or $25,000 for each subsequent violation.  A penalty under this subsection is in addition to any other penalty that may be assessed for a violation of Subchapter Y or Z, Chapter 361, Health and Safety Code.
(b-2)  Except as provided by Subsection (b-1), the amount of the penalty for a violation of Subchapter Y or Z, Chapter 361, Health and Safety Code, may not exceed $1,000 for the second violation or $2,000 for each subsequent violation.  A penalty under this subsection is in addition to any other penalty that may be assessed for a violation of Subchapter Y or Z, Chapter 361, Health and Safety Code.
(b-3)  If a person operating a facility as described by Subsection (b) holds any type of permit issued by the commission other than the permit required for the facility, the commission may assess a penalty under Subsection (b) or (c).
(b-4)  The amount of the penalty against a facility operator who violates Chapter 505, Health and Safety Code, or a rule adopted or order issued under that chapter may not exceed $500 a day for each day a violation continues with a total not to exceed $5,000 for each violation.  The amount of a penalty against a facility operator who violates Chapter 506 or 507, Health and Safety Code, or a rule adopted or order issued under those chapters may not exceed $50 a day for each day a violation continues with a total not to exceed $1,000 for each violation.
(c)  Except as provided by this subsection, the amount of the penalty for all other violations within the jurisdiction of the commission to enforce may not exceed $25,000 a day for each violation.  The amount of the penalty for such a violation may not exceed $40,000 a day if:
(1)  the violation involves:
(A)  an actual release of pollutants to the air, water, or land that exceeds levels that are protective of human health or environmental receptors; or
(B)  an actual unauthorized diversion, taking, or storage of state water or an unauthorized change in the flood elevation of a stream that deprives others of water, severely affects aquatic life, or results in a safety hazard, property damage, or economic loss;
(2)  the person previously committed a violation of the same nature that resulted in the assessment of an administrative penalty; and
(3)  the commission determines the person could have reasonably anticipated and avoided the violation.
(d)  Except as provided by Subsection (b), each day that a continuing violation occurs may be considered a separate violation.  The commission may authorize an installment payment schedule for an administrative penalty assessed under this subchapter, except for an administrative penalty assessed under Section 7.057.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 376, Sec. 3.02, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 880, Sec. 2, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 965, Sec. 5.08(b), eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1271, Sec. 2, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.843, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 333 (S.B. 739), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 902 (H.B. 2714), Sec. 2, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 605 (S.B. 329), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.10, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1072 (S.B. 1003), Sec. 1, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 33, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 14, eff. September 1, 2023.