(a) A person may request the waiver or reduction of a civil penalty by submitting an affidavit to the commission that states the filer’s reasons for requesting a waiver or reduction.
(b) The commission may waive or reduce a civil penalty if the commission finds that a waiver or reduction is in the public interest and in the interest of justice. The commission shall consider the following before acting to waive or reduce a civil penalty:
(1) the facts and circumstances supporting the person’s request for a waiver or reduction;
(2) the seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity of the violation, and the amount of the penalty;
(3) any history of previous violations by the person;
(4) the demonstrated good faith of the person, including actions taken to rectify the consequences of the violation;
(5) the penalty necessary to deter future violations; and
(6) any other matter that justice may require.

Terms Used In Texas Local Government Code 161.203

  • 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

(c) After hearing the waiver request, the commission may affirm, reduce, or waive the civil penalty.