Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 415. ADMINISTRATIVE VIOLATIONS
Texas Codes

Tex. Lab. Code § 415.021 (2026)

Assessment Of Administrative Penalties

✓ current as of May 2026
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Sec. 415.021. ASSESSMENT OF ADMINISTRATIVE PENALTIES. (a) In addition to any other provisions in this subtitle relating to violations, a person commits an administrative violation if the person violates, fails to comply with, or refuses to comply with this subtitle or a rule, order, or decision of the commissioner, including an emergency cease and desist order issued under Section 415.0211. In addition to any sanctions, administrative penalty, or other remedy authorized by this subtitle, the commissioner may assess an administrative penalty against a person who commits an administrative violation. The administrative penalty shall not exceed $25,000 per day per occurrence. Each day of noncompliance constitutes a separate violation. The commissioner's authority under this chapter is in addition to any other authority to enforce a sanction, penalty, fine, forfeiture, denial, suspension, or revocation otherwise authorized by law.

(b) The commissioner may enter a cease and desist order against a person who:

(1) commits repeated administrative violations;

(2) allows, as a business practice, the commission of repeated administrative violations; or

(3) violates an order or decision of the commissioner.

(c) In assessing an administrative penalty:

(1) the commissioner shall consider:

(A) the seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity of the prohibited act;

(B) the history and extent of previous administrative violations;

(C) the demonstrated good faith of the violator, including actions taken to rectify the consequences of the prohibited act;

(D) the penalty necessary to deter future violations;

(E) whether the administrative violation has negative impact on the delivery of benefits to an injured employee;

(F) the history of compliance with electronic data interchange requirements; and

(G) other matters that justice may require; and

(2) the commissioner shall, to the extent reasonable, consider the economic benefit resulting from the prohibited act.

(c-1) The commissioner shall adopt rules that require the division, in the assessment of an administrative penalty against a person, to communicate to the person information about the penalty, including:

(1) the relevant statute or rule violated;

(2) the conduct that gave rise to the violation; and

(3) the factors considered in determining the penalty.

(c-2) In determining whether to assess an administrative penalty involving a claim in which the insurance carrier provided notice under Section 409.021(a-3), the commissioner shall consider whether:

(1) the employee cooperated with the insurance carrier's investigation of the claim;

(2) the employee timely authorized access to the applicable medical records before the insurance carrier's deadline to:

(A) begin payment of benefits; or

(B) notify the division and the employee of the insurance carrier's refusal to pay benefits; and

(3) the insurance carrier conducted an investigation of the claim, applied the statutory presumptions under Subchapter B, Chapter 607, Government Code, and expedited medical benefits under Section 504.055 or 504.057.

(d) A penalty may be assessed only after the person charged with an administrative violation has been given an opportunity for a hearing under Subchapter C.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1456, Sec. 6.07, eff. June 17, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.275, eff. September 1, 2005.

Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B. 2605), Sec. 31, eff. September 1, 2011.

Acts 2017, 85th Leg., R.S., Ch. 185 (S.B. 1895), Sec. 1, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 701 (S.B. 2551), Sec. 5, eff. June 10, 2019.

Acts 2025, 89th Leg., R.S., Ch. 934 (H.B. 1306), Sec. 5, eff. September 1, 2025.

Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 2000–2025 · leading case: Cont'l Cas. Co. v. Downs, 81 S.W.3d 803 (Tex. 2002).
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Cont'l Cas. Co. v. Downs, 81 S.W.3d 803 (Tex. 2002). · cites it 4× “Tex. Lab.Code § 415.021 ("The commission may assess an administrative penalty against a person who commits an administrative violation.”
Gibson v. Texas Dep't of Ins.-Div. of Workers' Comp., 700 F.3d 227 (5th Cir. 2012). · cites it 2× “” Tex. Labor Code § 415.021; see also § 419.”
City of Galveston v. State, 217 S.W.3d 466 (Tex. 2007). “denied); see also Tex. Lab.Code § 415.021; Tex. Gov’t Code § 311.”
Clewis v. Safeco Ins. Co. of Am., 287 S.W.3d 197 (Tex. App. 2009). “(d) A party who violates this section may be subject to an administrative penalty, including a penalty of up to $1,000 pursuant to the Texas Labor Code, § 415.0035 or up to $10,000 pursuant to the Texas Labor Code, § 415.”
Texas Workers' Comp. Comm'n v. City of Eagle Pass/Texas Mun. League Workers' Comp. Jt. Ins. Fund, 14 S.W.3d 801 (Tex. App. 2000). “” Tex. Lab.Code Ann. § 415.021(a) (West 1996) (emphasis added).”
Chambers-Liberty Cntys. Navigation Dist. v. State, 565 S.W.3d 1 (Tex. App. 2016). “at 806 ; see also Tex. Lab.Code § 415.021. In fact, the Texas Supreme Court expressly observed the same in City of Galveston v.”
Dr. Eric Vanderwerff, D.C. v. Texas Dep't of Ins. - Div. of Workers' Comp., DWC, & DWC Comm'r Jeff Nelson in His Off. Capacity (Tex. App. 2025). · cites it 3× “7, 10 Tex. Lab. Code § 415.021(a) .............”
Dr. Robert Coolbaugh, D.C. v. Texas Dep't of Ins.-Div. of Workers' Comp. & Comm'r Ryan Brannan, in His Off. Capacity (Tex. App. 2019). · cites it 2× “” Tex. Lab. Code § 415.021(a). After hearing, the district court rendered judgment affirming the Commissioner’s Penalty Order, which imposed a $10,000 administrative penalty for Coolbaugh’s failure to comply with Division orders requiring him to produce requested information and…”
Texas Political Subdivisions Jt. Self-Ins. Fund v. Texas Dep't of Ins. - Div. of Workers' Comp. & Comm'r Cassie Brown in Her Off. Capacity (Tex. App. 2023). · cites it 2× “, § 5 (codified at Tex. Lab. Code § 415.021(c-2)(1)-(3)). Finally, SB 2551 included the provision at issue here, amending the existing language in Texas Labor Code Section 504.”
Gordon G. McWatt, D.O. v. David Mattax, Texas Comm'r of Ins. Ryan Brannan, Comm'r of Workers' Comp. & Texas Dep't of Ins., Div. of Workers' Comp. (Tex. App. 2015). · cites it 3× “Tex. Lab. Code § 415.021. The Legislature removed from the statute the requirement that the agency adopt and adhere to a penalty schedule that assessed an amount certain for each violation and granted greater discretion regarding the amount of the administrative penalty so long…”
Chambers-Liberty Counties Navigation Dist. v. State (Tex. 2017). “at 806 ; see also Tex. Lab. Code § 415.021. In fact, the Texas Supreme Court expressly observed the same in City of Galveston v.”
Melanie Steele v. Murphy & Beane, Inc., & Viacom, Inc. (Tex. App. 2019). “(citing TEX. LAB. CODE ANN. § 415.021(a) (Supp.)).”
Show all 16 citing cases →
— Tex. Lab. Code § 415.021(a) — 5 cases
Texas Workers' Comp. Comm'n v. City of Eagle Pass/Texas Mun. League Workers' Comp. Jt. Ins. Fund, 14 S.W.3d 801 (Tex. App. 2000). “” Tex. Lab.Code Ann. § 415.021(a) (West 1996) (emphasis added).”
Dr. Eric Vanderwerff, D.C. v. Texas Dep't of Ins. - Div. of Workers' Comp., DWC, & DWC Comm'r Jeff Nelson in His Off. Capacity (Tex. App. 2025). “7, 10 Tex. Lab. Code § 415.021(a) .............”
Gordon G. McWatt, D.O. v. David Mattax, Texas Comm'r of Ins. Ryan Brannan, Comm'r of Workers' Comp. & Texas Dep't of Ins., Div. of Workers' Comp. (Tex. App. 2015). “Tex. Lab. Code § 415.021. The Legislature removed from the statute the requirement that the agency adopt and adhere to a penalty schedule that assessed an amount certain for each violation and granted greater discretion regarding the amount of the administrative penalty so long…”
Melanie Steele v. Murphy & Beane, Inc., & Viacom, Inc. (Tex. App. 2019). “(citing TEX. LAB. CODE ANN. § 415.021(a) (Supp.)).”
Dr. Robert Coolbaugh, D.C. v. Texas Dep't of Ins.-Div. of Workers' Comp. & Comm'r Ryan Brannan, in His Off. Capacity (Tex. App. 2019). “” Tex. Lab. Code § 415.021(a). After hearing, the district court rendered judgment affirming the Commissioner’s Penalty Order, which imposed a $10,000 administrative penalty for Coolbaugh’s failure to comply with Division orders requiring him to produce requested information and…”
— Tex. Lab. Code § 415.021(c) — 1 case
Dr. Robert Coolbaugh, D.C. v. Texas Dep't of Ins.-Div. of Workers' Comp. & Comm'r Ryan Brannan, in His Off. Capacity (Tex. App. 2019). “” Tex. Lab. Code § 415.021(a). After hearing, the district court rendered judgment affirming the Commissioner’s Penalty Order, which imposed a $10,000 administrative penalty for Coolbaugh’s failure to comply with Division orders requiring him to produce requested information and…”
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