Tex. Government Code § 490C.105: CALCULATING AMOUNT OF ADMINISTRATIVE OR CIVIL PENALTY.

(a) Each day that a violation continues may be considered a separate violation for purposes of an administrative or civil penalty under this subchapter.

(b) The amount of an administrative or civil penalty must be based on:

(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;

(2) the history of previous violations;

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

(4) efforts by the person to correct the violation; and

(5) any other matter that justice may require.

Added by Acts 2007, 80th Leg., R.S., Ch. 337 (H.B. 3446), Sec. 1, eff. September 1, 2007.