| (l) The SBOE may, if circumstances warrant, waive or
vary penalties contained in this section for first or subsequent violations
based on the seriousness of the violation, any history of a previous
violation or violations, the amount necessary to deter a future violation,
any effort to correct the violation, and any other matter justice
requires.
(m) Each affected publisher shall issue credit to the
TEA in the amount of any penalty imposed under the provisions of this
section. When circumstances warrant it, the TEA is authorized to require
payment of penalties in cash within ten days. Each affected publisher
who pays a fine for failure to deliver adopted instructional materials
in a timely manner will not be subject to the liquidated damages provision
in the publisher's contract for the same failure to deliver adopted
instructional materials in a timely manner.
(n) All administrative penalties shall be credited
to the public schools instructional materials allotment funds under
the TEC, §31.0212.
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