Tex. Nat. Resources Code Section 153.102
Disciplinary Action; Schedule of Sanctions

(a)

The department may impose an administrative sanction, including an administrative penalty, as provided by Sections 12.020 (Administrative Penalties), 12.0201 (License Sanctions), 12.0202 (Administrative Hearings), and 12.0261 (Administrative Procedure), Agriculture Code, for a violation of this chapter.

(b)

The board by rule shall adopt a schedule of the disciplinary sanctions that the department shall impose under this chapter. In adopting the schedule of sanctions, the board shall ensure that the severity of the sanction imposed is appropriate to the type of violation or conduct that is the basis for disciplinary action.

(c)

In determining the appropriate disciplinary action, including the amount of any administrative penalty to assess, the department shall consider:

(1)

whether the person:

(A)

is being disciplined for multiple violations of either this chapter or a rule or order adopted under this chapter; or

(B)

has previously been the subject of disciplinary action by the department under this chapter and has previously complied with department rules and this chapter;

(2)

the seriousness of the violation;

(3)

the threat to public safety; and

(4)

any mitigating factors.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 2.10, eff. September 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 41, eff. September 1, 2021.

Source: Section 153.102 — Disciplinary Action; Schedule of Sanctions, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­153.­htm#153.­102 (accessed May 4, 2024).

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Accessed:
May 4, 2024

§ 153.102’s source at texas​.gov