Texas compliance penalties: what the rules actually authorize
Compliance marketing is full of scary numbers, and a lot of them are wrong or years out of date. This page collects the penalty amounts Texas and federal regulators actually publish for the industries we work with — med spas, dental offices, tattoo and piercing studios, and esthetician studios — with a link to the source for every figure.
Federal OSHA
OSHA maximums are adjusted for inflation most Januaries. These are the amounts that apply to citations issued after January 15, 2026. Texas has no state OSHA plan covering private employers, so federal OSHA applies directly to Texas businesses.
| Violation | Maximum | Basis | Source |
|---|---|---|---|
| Serious | $16,550 | per violation | OSHA penalties page |
| Other-than-serious | $16,550 | per violation | OSHA penalties page |
| Posting requirement | $16,550 | per violation | OSHA penalties page |
| Failure to abate | $16,550 | per day past the abatement date | OSHA penalties page |
| Willful or repeated | $165,514 | per violation | OSHA penalties page |
Health information — Texas HB 300 and federal HIPAA
Texas runs its own medical records privacy law alongside HIPAA, and it defines “covered entity” broadly enough to reach businesses that never bill insurance. The two regimes stack.
Texas Medical Records Privacy Act (HB 300)
| Violation | Maximum | Basis | Source |
|---|---|---|---|
| Negligent violation | $5,000 | per violation, per year | Tex. Health & Safety Code §181.201(b) |
| Knowing or intentional violation | $25,000 | per violation, per year | Tex. Health & Safety Code §181.201(b) |
| PHI used for financial gain | $250,000 | per violation | Tex. Health & Safety Code §181.201(b) |
| Pattern or practice of violations | $1,500,000 | per year | Tex. Health & Safety Code §181.201(c) |
Federal HIPAA civil money penalties
| Violation | Maximum | Basis | Source |
|---|---|---|---|
| Statutory annual cap | $2,190,294 | per identical provision, per calendar year | HHS inflation adjustment, effective Jan 28 2026 |
| Per-violation range (all tiers) | $145 – $73,011 | per violation, by culpability tier | HHS inflation adjustment, effective Jan 28 2026 |
Texas licensing boards
Each board that licenses one of these industries has its own administrative penalty authority. The pattern is remarkably consistent: a $5,000 ceiling per violation, with each day of a continuing violation counted separately.
| Violation | Maximum | Basis | Source |
|---|---|---|---|
| Texas Medical Board (med spas, delegation) | $5,000 | per violation; each day is a separate violation | Tex. Occupations Code §165.001–.002 |
| Texas State Board of Dental Examiners | $5,000 | per violation; each day is a separate violation | Tex. Occupations Code §264.002 |
| TSBDE informal resolution track | $1,000 | per violation, capped at $3,000 per calendar year | Tex. Occupations Code §264.002 |
| DSHS (tattoo & body piercing studios) — including the employee human trafficking prevention training added by §146.0075 in 2025 | $5,000 | per violation; each day is a separate violation | Tex. Health & Safety Code §146.019 |
| TDLR (esthetics, cosmetology, laser hair removal) | $5,000 | per day, per violation, where the program statute is silent | Tex. Occupations Code §51.302 |
How to use this page
If you are trying to work out where you actually stand, the penalty table is the wrong starting point — the right one is a list of the documents your industry is expected to keep. Our free assessment walks you through that in about two minutes and gives you a scored breakdown, no email required to see it.
See which documents you’re missing.
Free gap assessment →Sources
- OSHA, OSHA Penalties — maximums effective January 15, 2026. https://www.osha.gov/penalties
- Tex. Health & Safety Code §181.201 (Texas Medical Records Privacy Act civil penalties).
- Tex. Health & Safety Code §146.019 (tattoo and body piercing studio administrative penalty).
- Tex. Occupations Code §165.001–.002 (Texas Medical Board administrative penalty).
- Tex. Occupations Code §264.002 (Texas State Board of Dental Examiners administrative penalty).
- Tex. Occupations Code §51.302 (TDLR administrative penalty amount).
- U.S. Department of Health & Human Services, HIPAA civil money penalty inflation adjustment effective January 28, 2026.
Spotted a figure that has changed? Email [email protected] and we’ll correct it and re-date the page.