Tex. Health & Safety Code Section 433.095
Administrative Penalty Assessment Procedure

(a)

An administrative penalty may be assessed only after a person charged with a violation is given an opportunity for a hearing.

(b)

If a hearing is held, the administrative law judge shall make findings of fact and shall issue to the department a written proposal for decision regarding the occurrence of the violation and the amount of the penalty that may be warranted.

(c)

If the person charged with the violation does not request a hearing, the department may assess a penalty after determining that a violation has occurred and the amount of the penalty that may be warranted.

(d)

After making a determination under this section that a penalty is to be assessed against a person, the department shall issue an order requiring that the person pay the penalty.

(e)

Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(77), eff. April 2, 2015.
Added by Acts 1991, 72nd Leg., ch. 388, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1069, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(77), eff. April 2, 2015.

Source: Section 433.095 — Administrative Penalty Assessment Procedure, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­433.­htm#433.­095 (accessed May 26, 2025).

433.001
Short Title 433.002
Policy 433.003
Definitions 433.004
Adulteration 433.005
Misbranding 433.006
Exemption for Personal Use or Donation to Nonprofit Food Bank 433.007
Construction with Other Law 433.008
Rules 433.009
Fees 433.021
Inspection Before Slaughter 433.022
Inspection of Carcasses 433.023
Investigation of Disease Findings 433.024
Inspection of Processing and Slaughtering Establishments 433.025
Inspection of Meat Food Products 433.026
Night Inspection 433.027
Inspectors 433.028
Refusal to Inspect 433.029
Articles Not Intended for Human Consumption 433.030
Detention 433.031
Seizure 433.032
Storage and Handling 433.033
Equine Products 433.034
Records 433.035
Inspection and Other Regulation of Exotic Animals in Interstate Commerce 433.041
Labeling Passed Products 433.042
Sale of Mislabeled Articles Prohibited 433.043
Standards of Labeling, Composition, and Fill 433.044
Order to Cease False or Misleading Practice 433.045
Protection of Official Device, Mark, and Certificate 433.051
Slaughter or Preparation Not in Compliance with Chapter 433.052
Sale, Receipt, or Transportation of Articles Not in Compliance with Chapter 433.053
Sale, Receipt, or Transportation of Poultry 433.054
Dead, Dying, Disabled, and Diseased Animals 433.055
Miscellaneous Prohibitions Applicable to Exotic Animals in Interstate Commerce 433.056
Inedible Animal Products 433.0065
Animal Share Exemption 433.071
Responsible Agency 433.072
Advisory Committees 433.073
Technical and Laboratory Assistance and Training Program 433.074
Financing 433.081
General Criminal Penalty 433.082
Jurisdiction for Violation 433.083
Investigation by Department 433.084
Evidence and Testimony 433.085
Report to Department 433.086
Mandamus to Compel Compliance 433.087
Depositions 433.088
Compensation of Witness or Reporter 433.089
Immunity 433.090
Contempt 433.091
False Report 433.092
Failure to Report 433.093
Unlawful Disclosure 433.094
Administrative Penalty 433.095
Administrative Penalty Assessment Procedure 433.096
Payment of Administrative Penalty 433.097
Refund of Administrative Penalty 433.098
Recovery of Administrative Penalty by Attorney General 433.099
Injunction 433.100
Emergency Withdrawal of Mark or Suspension of Inspection Services 433.0245
Requirements for Certain Low-volume Livestock Processing Establishments 433.0415
Labeling Cell-cultured Product 433.0815
Interference with Inspection
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Verified:
May 26, 2025

§ 433.095. Admin. Penalty Assessment Proc.'s source at texas​.gov