Texas Codes

Tex. Occ. Code § 2301.801 (2026)

Civil Penalty

✓ current as of May 2026

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Sec. 2301.801. CIVIL PENALTY. (a) If, after a proceeding under this chapter and board rules, the board determines that a person is violating or has violated this chapter, a rule adopted or order issued under this chapter, or Section 503.038(a), Transportation Code, the board may impose a civil penalty. The amount of the penalty may not exceed $10,000 for each violation. Each act of violation and each day a violation continues is a separate violation.

(b) In determining the amount of the penalty, the board shall consider:

(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited act, and the harm or potential harm to the safety of the public;

(2) the economic damage to the public caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter a future violation;

(5) efforts to correct the violation; and

(6) any other matter that justice may require.

(c) Notwithstanding any other law to the contrary, a civil penalty recovered under this chapter shall be deposited in the state treasury to the credit of the Texas Department of Motor Vehicles fund.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1287 (H.B. 2202), Sec. 5, eff. September 1, 2013.

Notes of Decisions

Cited in 13 cases, 2004–2014 · leading case: Buddy Gregg Motor Homes, Inc. v. Motor Veh. Bd. of the Texas Dep't of Transp., 156 S.W.3d 91 (Tex. App. 2004).

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Buddy Gregg Motor Homes, Inc. v. Motor Veh. Bd. of the Texas Dep't of Transp., 156 S.W.3d 91 (Tex. App. 2004). “See Tex. Occ.Code Ann. §§ 2301.801, .802. However, Marathon was operating under a valid license before Buddy Gregg presented its complaint to the Board.”

Pretzer v. Motor Veh. Bd., 138 S.W.3d 908 (Tex. 2004). “See now TEX. OCC. CODE § 2301.801(a) ("If, after a proceeding under this chapter and board rules, the board determines that a person is violating or has violated this chapter, a rule adopted or order issued under this chapter, or Section 503.”

Buddy Gregg Motor Homes, Inc. v. Motor Veh. Bd. of the Texas Dep't of Transp., 179 S.W.3d 589 (Tex. App. 2005). “See Tex. Occ.Code Ann. § 2301.801 (West 2004) (imposing maximum of $10,000 per violation).”

Sterling Truck Corp. v. Motor Veh. Bd. of Texas Dep't of Transp., 255 S.W.3d 368 (Tex. App. 2008). · cites it 2× “Section 2301.359 describes the duties of a franchisor and franchisee when the franchisee desires to transfer its franchise or a controlling interest in the dealership.”

Sterling Truck Corp. & Ford Motor Co. v. Motor Veh. Bd. of the Texas Dep't of Transp. & Metro Ford Truck Sales, Inc. (Tex. App. 2008). · cites it 2× “359 describes the duties of a franchisor and franchisee when the franchisee desires to transfer its franchise or a controlling interest in the dealership.”

Sterling Truck Corp. & Ford Motor Co. v. Motor Veh. Bd. of the Texas Dep't of Transp. & Metro Ford Truck Sales, Inc. (Tex. App. 2008). · cites it 2× “Section 2301.359 describes the duties of a franchisor and franchisee when the franchisee desires to transfer its franchise or a controlling interest in the dealership.”

Buddy Gregg Motor Homes, Inc.//Cross-Appellant, Marathon Coach, Inc., D/B/A Marathon Coach of Texas v. Motor Veh. Bd. of the Texas Dep't of Transp. & Marathon Coach, Inc., D/B/A Marathon Coach of Texas//Cross-Appellees, Motor Veh. Bd. of the Texas Dep't of Transp. & Buddy Gregg Motor Homes, Inc. (Tex. App. 2004). “See Tex. Occ. Code Ann. §§ 2301.801 , .802. However, Marathon was operating under a valid license before Buddy Gregg presented its complaint to the Board.”

Buddy Gregg Motor Homes, Inc.//Cross-Appellant, Liberty Coach, Inc. v. Motor Veh. Bd. of the Texas Dep't of Transp. & Liberty Coach, Inc.//Cross-Appellee, Buddy Gregg Motor Homes, Inc. (Tex. App. 2005). “See Tex. Occ. Code Ann. § 2301.801 (West 2004) (imposing maximum of $10,000 per violation).”

Cont'l Imports, Ltd. D/B/A Mercedes Benz of Austin v. L. David Brunke in His Off. Capacity as Acting Dir. of the Motor Veh. Div. of the Texas Dep't of Transp., & the Motor Veh. Div. of the Texas Dep't of Transp. (Tex. App. 2011). “095 (a) (West 2007) (person who violates rule adopted under this chapter is subject to civil penalty of not less than $50 or more than $1,000); Tex. Occ. Code Ann. § 2301.801 (a) (West 2004) (amount of penalty may not exceed $10,000 for each violation).”

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— Tex. Occ. Code § 2301.801(a) — 1 case

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