Tex. Natural Resources Code § 116.144
PENALTY ASSESSMENT PROCEDURE
Texas · Texas Natural Resources Code · Status: effective
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- Citation
- Tex. Natural Resources Code § 116.144, PENALTY ASSESSMENT PROCEDURE, Texas, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/696362
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Full text
(a) A civil penalty under Section 116.145 of this code may be assessed only after the person charged with the violation has been given an opportunity for a public hearing.
(b) If a public hearing has been held, the commission shall make findings of fact, and it shall issue a written decision as to the occurrence of the violation and the amount of the penalty that is warranted, incorporating, when appropriate, an order requiring that the penalty be paid.
(c) If appropriate, the commission shall consolidate the hearings with other proceedings under this chapter.
(d) If the person charged with the violation fails to avail himself of the opportunity for a public hearing, a civil penalty may be assessed by the commission after it has determined that a violation did occur and the amount of the penalty that is warranted.
(e) The commission shall then issue an order requiring that the penalty be paid.