Tex. Codes » Occupations Code · TITLE 2. GENERAL PROVISIONS RELATING TO LICENSING · CHAPTER 51. TEXAS DEPARTMENT OF LICENSING AND REGULATION
Texas Codes

Tex. Occ. Code § 51.302 (2026)

Amount Of Penalty

✓ current as of May 2026
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Sec. 51.302. AMOUNT OF PENALTY. (a) If the relevant law establishing a program regulated by the department does not state the maximum amount of an administrative penalty under that law, the amount of the penalty shall be assessed by the commission or executive director in an amount that may not exceed $5,000 per day for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.

(b) The amount of the penalty shall be based on:

(1) the seriousness of the violation;

(2) the respondent's history of previous violations;

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

(4) efforts made by the respondent to correct the violation; and

(5) any other matter that justice may require.

(c) The commission shall by rule or by procedure published in the Texas Register establish a written enforcement plan that provides notice to license holders of the specific ranges of penalties that apply to specific alleged violations and the criteria by which the department determines the amount of a proposed administrative penalty.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 836, Sec. 27, eff. June 14, 2001; Acts 2003, 78th Leg., ch. 816, Sec. 1.017, eff. Sept. 1, 2003.

Notes of Decisions
Cited in 4 cases, 2006–2019 · leading case: Ashish Patel, Anverali Satani, Nazira Momin, Minaz Chamadia, & Vijay Lakshmi Yogi v. Texas Dep't of Licensing & Reg., 469 S.W.3d 69 (Tex. 2015).
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Ashish Patel, Anverali Satani, Nazira Momin, Minaz Chamadia, & Vijay Lakshmi Yogi v. Texas Dep't of Licensing & Reg., 469 S.W.3d 69 (Tex. 2015). “Tex. Occ. Code §§ 51.302(a), 1602.403(c)(1).”
Bradford Dean Armistead & Stuart Wade Armistead v. State (Tex. App. 2019). “See TEX. OCC. CODE § 51.302 (setting forth maximum amount of administrative penalty and factors to consider in deciding amount to assess).”
Ex Parte Richard Cronin (Tex. App. 2006). “Tex. Occ. Code Ann. § 51.302 (West 2004).”
Ex Parte Richard Cronin (Tex. App. 2006). “Tex. Occ. Code Ann. § 51.302 (West 2004).”
— Tex. Occ. Code § 51.302(a) — 1 case
Ashish Patel, Anverali Satani, Nazira Momin, Minaz Chamadia, & Vijay Lakshmi Yogi v. Texas Dep't of Licensing & Reg., 469 S.W.3d 69 (Tex. 2015). “Tex. Occ. Code §§ 51.302(a), 1602.403(c)(1).”
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