Sec. 643.251. ADMINISTRATIVE PENALTY. (a) The department may impose an administrative penalty against a motor carrier required to register under Subchapter B that violates this chapter or a rule or order adopted under this chapter.
(b) Except as provided by this section, the amount of an administrative penalty may not exceed $5,000. If it is found that the motor carrier knowingly committed the violation, the penalty may not exceed $15,000. If it is found that the motor carrier knowingly committed multiple violations, the aggregate penalty for the multiple violations may not exceed $30,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(c) The amount of the penalty shall be based on:
(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited act, and the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2) the economic harm to property or the environment caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter future violations;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(h) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(j) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(k) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(l) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(m) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(n) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(o) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(p) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(q) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(r) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1396 (H.B. 2093), Sec. 18, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1396 (H.B. 2093), Sec. 26(1), eff. September 1, 2007.