{"data":{"id":"us-tx/tex.-health-and-safety-code-436.034","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 436.034","heading":"ADMINISTRATIVE PENALTY.","body":"(a) The department may assess an administrative penalty against a person who violates Section 436.011 or an order issued under this chapter.\n(b) In determining the amount of the penalty, the department shall consider:\n(1) the person's previous violations;\n(2) the seriousness of the violation;\n(3) the hazard to the health and safety of the public;\n(4) the person's demonstrated good faith; and\n(5) other matters as justice may require.\n(c) The penalty may not exceed $25,000 a day for each violation.\n(d) Each day of a continuing violation constitutes a separate violation.\nAdded by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.\nAmended by:\nActs 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1101, eff. April 2, 2015.","path":["HEALTH AND SAFETY CODE","TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES","SUBTITLE A. FOOD AND DRUG HEALTH REGULATIONS","CHAPTER 436. AQUATIC LIFE","SUBCHAPTER C. ENFORCEMENT"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.436.htm#436.034","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"a2ee82852230235ebbe0e16b13a313a272d2b1ea8e64464d5ea0ac812adb8fdd","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-436.033","next":"us-tx/tex.-health-and-safety-code-436.035"},"notice":"GroundRules: Original legal text. Not legal advice."}