Tex. Health & Safety Code Ann. ch. 341 (subchs. A, B, E, F) § 341.091
CRIMINAL PENALTY.
Operative Text
Sec. 341.091. CRIMINAL PENALTY. (a) A person commits an offense if the person violates this chapter or a rule adopted under this chapter. A person commits an offense if the person violates a permitting or inspection requirement imposed under Section 341.064(n) or a closure order issued under Section 341.064(o). An offense under this section is a misdemeanor punishable by a fine of not less than $10 or more than $200.(b) If it is shown on the trial of the defendant that the defendant has been convicted of an offense under this chapter within a year before the date on which the offense being tried occurred, the defendant shall be punished by a fine of not less than $10 or more than $1,000, confinement in jail for not more than 30 days, or both.(c) Each day of a continuing violation is a separate offense. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 618, Sec. 2, eff. June 20, 2003.
Under Tex. Health & Safety Code § 341.091, any person who violates the public health and sanitation standards set out in Chapter 341—or any rule adopted under it, including permitting, inspection, or closure-order requirements—commits a misdemeanor offense. A first offense carries a fine between $10 and $200. A repeat offender who was convicted of a Chapter 341 violation within the prior year faces a steeper penalty: a fine of up to $1,000, up to 30 days in jail, or both. Critically, each day a violation continues counts as a separate offense, meaning fines can accumulate quickly.
Plain English — not legal advice.
Property owners and managers subject to Chapter 341 of the Texas Health & Safety Code are generally expected to maintain continuous compliance with all applicable sanitation standards, rules, permits, and inspection requirements, and to comply immediately with any closure orders issued under § 341.064. Because § 341.091 treats each day of a continuing violation as a distinct offense, operators who discover a deficiency typically move promptly to correct it to limit exposure to stacking fines. Maintaining documentation of inspections, permits, and corrective actions is a common practice among compliant operators.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants who believe a landlord or property operator is violating the public health and sanitation standards covered by Tex. Health & Safety Code §§ 341.001–341.092 may report those conditions to their local health authority or code-enforcement office, which has authority to investigate and pursue criminal penalties under § 341.091. Because each day of a continuing violation is treated as a separate offense, documented complaints can be relevant to enforcement timelines. Tenants can also consult a local tenant-rights organization or legal aid office to understand how these public-health provisions may interact with other housing remedies available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation