Texas Codes

Tex. Water Code § 7.102 (2026)

Maximum Penalty

✓ current as of May 2026

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Sec. 7.102. MAXIMUM PENALTY. A person who causes, suffers, allows, or permits a violation of a statute, rule, order, or permit relating to Chapter 37 of this code, Chapter 366, 371, or 372, Health and Safety Code, Subchapter G, Chapter 382, Health and Safety Code, or Chapter 1903, Occupations Code, shall be assessed for each violation a civil penalty not less than $50 nor greater than $5,000 for each day of each violation as the court or jury considers proper. A person who causes, suffers, allows, or permits a violation of a statute, rule, order, or permit relating to any other matter within the commission's jurisdiction to enforce, other than violations of Chapter 11, 12, 13, 16, or 36 of this code, or Chapter 341, Health and Safety Code, shall be assessed for each violation a civil penalty not less than $50 nor greater than $25,000 for each day of each violation as the court or jury considers proper. Each day of a continuing violation is a separate violation.

Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 376, Sec. 3.03, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 880, Sec. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.844, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 1.09, eff. June 8, 2007.

Notes of Decisions

Cited in 15 cases (1 in the last 5 years), 2003–2024 · leading case: State v. Rhine, 297 S.W.3d 301 (Tex. Crim. App. 2009).

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State v. Rhine, 297 S.W.3d 301 (Tex. Crim. App. 2009). · cites it 2× “[58] See this opinion footnote 2 (criminal penalties); TEX. WATER CODE § 7.102 (civil penalty). [59] 143 U.”

Bernard Morello v. State (Tex. App. 2015). · cites it 8× “GOV’T CODE ANN. § 311.026 (West 2005) .....”

Harris Cnty. v. Int'l Paper Co. (Tex. App. 2015). · cites it 4× “11, 44 TEX. WATER CODE § 7.102 .................”

Bernard Morello v. State (Tex. App. 2015). · cites it 4× “Tex. Water Code § 7.102. Morello admitted such violations.”

White Lion Holdings, LLC v. State (Tex. App. 2015). · cites it 3× “In an attempt to avoid the requirement that Morello have committed fraud or a tort, Plaintiff argues that “the actions are viewed, not in the context of a tort, but in the context of whether such actions amount to causing, suffering, allowing, or permitting a violation of law”…”

White Lion Holdings, LLC v. State (Tex. App. 2015). · cites it 3× “9 White Lion’s attempt to distinguish a limited liability company from other corporate entities is a distinction without a difference under Tex. Water Code § 7.102. The corporate shield afforded members of an LLC does not deflect the liability from those members, officers, and…”

White Lion Holdings, LLC v. State (Tex. App. 2015). · cites it 3× “15 TEX. WATER CODE § 7.102 .................”

Harris Cnty. & the State of Texas Acting by & Through the Texas Comm'n on Env't Quality v. S.K. & Bros., Inc., Trey Melcher & Yvonne Evie Melcher (Tex. App. 2019). “See Tex. Water Code § 7.102 (detailing civil penalties for continuing violations).”

Leo Graves D/B/A Graves Tire Serv. v. Texas Comm'n on Env't Quality (Tex. App. 2024). “102 of the Texas Water Code. Tex. Water Code § 7.102.”

Basse Truck Line, Inc. v. Texas Nat. Resource Conservation Comm'n (Tex. App. 2003). “See Tex. Water Code Ann. § 7.102 (West 2000).”

State of Texas v. Rhine, Michael Joseph (Tex. Crim. App. 2009). “See this opinion footnote 2 (criminal penalties); Tex. Water Code §7.102 (civil penalty). 59.”

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