CHAPTER 419. ADMINISTRATIVE PENALTY
PROPERTY CODE
TITLE 16. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION ACT
SUBTITLE C. BUILDER REGISTRATION
CHAPTER 419. ADMINISTRATIVE PENALTY
Sec. 419.001. IMPOSITION OF ADMINISTRATIVE PENALTY. The
commission may impose an administrative penalty on a 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, Sec. 1.01, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
843, Sec. 28, eff. September 1, 2007.
Sec. 419.002. AMOUNT OF PENALTY. (a) Except as provided by
Subsection (c), an administrative penalty imposed under this
chapter may not exceed $10,000 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.
(c) A violation of Section 418.001(2) or (12) is punishable by a
penalty not to exceed $100,000.
Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
843, Sec. 29, eff. September 1, 2007.
Sec. 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, Sec. 1.01, eff. Sept. 1,
2003.
Sec. 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, Sec. 1.01, eff. Sept. 1,
2003.