Tex. Bus. & Com. Code § 44.251
§ 44.251. Determination of Amount
The amount of an administrative penalty imposed under this chapter shall be based on:
(1)
the seriousness of the violation, including the nature, circumstances, extent, and gravity of the
violation;
(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 that justice may require.