Tex.
Nat. Resources Code Section 86.222
Penalties
(a)
Any person who violates a provision of this chapter or a rule or order adopted under this chapter is liable for a penalty of not more than:(1)
$10,000 for each offense when the provision, rule, or order pertains to safety or the prevention or control of pollution; or(2)
$1,000 for each offense when the provision, rule, or order does not pertain to safety or the prevention or control of pollution.(a-1)
Notwithstanding Subsection (a), a person who violates a provision of a rule adopted under Section 86.044 (Weather Emergency Preparedness) is liable for a penalty of not more than $1,000,000 for each offense.(b)
Each day a violation occurs constitutes a separate offense.(c)
The commission by rule shall establish a classification system to be used by a court under this subchapter for violations of rules adopted under Section 86.044 (Weather Emergency Preparedness) that includes a range of penalties that may be recovered for each class of violation based on:(1)
the seriousness of the violation, including:(A)
the nature, circumstances, extent, and gravity of a prohibited act; and(B)
the hazard or potential hazard created to the health, safety, or economic welfare of the public;(2)
the history of previous violations;(3)
the amount necessary to deter future violations;(4)
efforts to correct the violation; and(5)
any other matter that justice may require.(d)
The classification system established under Subsection (c) shall provide that a penalty in an amount that exceeds $5,000 may be recovered only if the violation is included in the highest class of violations in the classification system.
Source:
Section 86.222 — Penalties, https://statutes.capitol.texas.gov/Docs/NR/htm/NR.86.htm#86.222 (accessed May 4, 2024).
