Texas Finance Code 14.252 – Amount of Penalty
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(a) The commissioner may assess an administrative penalty for a violation in an amount not to exceed $1,000 for each day of the violation.
(b) The aggregate amount of penalties under this subchapter that the commissioner may assess against a person during one calendar year may not exceed the lesser of:
(1) $100,000; or
(2) an amount that is equal to the greater of five percent of the net worth of the creditor or $5,000.
Terms Used In Texas Finance Code 14.252
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) In determining the amount of an administrative penalty, the commissioner shall consider:
(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited act;
(2) the extent of actual or potential harm to a third party;
(3) the history of violations;
(4) the amount necessary to deter future violations;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.