2005 Texas Property Code CHAPTER 419. ADMINISTRATIVE PENALTY

PROPERTY CODE

CHAPTER 419. ADMINISTRATIVE PENALTY


	§ 419.001. IMPOSITION OF ADMINISTRATIVE PENALTY.  In a 
contested case involving disciplinary action, the commission may, 
as part of the commission's order, impose an administrative penalty 
on a registered or certified person who violates this title or a 
rule adopted or order issued by the commission under this title.

Added by Acts 2003, 78th Leg., ch. 458, § 1.01, eff. Sept. 1, 
2003.      


	§ 419.002. AMOUNT OF PENALTY.  (a) An administrative 
penalty imposed under this chapter may not exceed $5,000 for each 
violation.
	(b)  In determining the amount of an administrative penalty, 
the hearings officer or commission shall consider:
		(1)  the seriousness of the violation, including the 
nature, circumstances, extent, and gravity of the prohibited acts;
		(2)  the history of previous violations;                                      
		(3)  the amount necessary to deter a future violation;                        
		(4)  efforts to correct the violation;  and                                   
		(5)  any other matter justice may require.                                    

Added by Acts 2003, 78th Leg., ch. 458, § 1.01, eff. Sept. 1, 
2003.      


	§ 419.003. PAYMENT OF PENALTY.  The commission shall 
specify in an order imposing an administrative penalty under this 
chapter a date on or before the 30th day after the date the order 
becomes final and unappealable by which the person against whom the 
penalty is imposed must pay the penalty.

Added by Acts 2003, 78th Leg., ch. 458, § 1.01, eff. Sept. 1, 
2003.      


	§ 419.004. ENFORCEMENT OF PENALTY.  If a person does not 
pay an administrative penalty imposed under this chapter and 
enforcement of the penalty is not stayed, the commission may:
		(1)  refer the matter to the attorney general for 
collection of the penalty;  or
		(2)  enforce any part of the order that specifies 
disciplinary action to be taken against the registered or certified 
person if the registered or certified person fails to pay the 
administrative penalty within the time prescribed.

Added by Acts 2003, 78th Leg., ch. 458, § 1.01, eff. Sept. 1, 
2003.