(a) The comptroller by rule shall adopt a formula for determining the amount of a penalty under this subchapter. For each violation and for each day of a continuing violation, a penalty must be at least $100 per day and not more than $1,000 per day. The penalty must be based on factors that include:
(1) the aggregate average weekly deposit amounts during the state fiscal year of the institution's deposits of public funds;
(2) the number of violations by the institution during the state fiscal year;
(3) the number of days of a continuing violation; and
(4) the average asset base of the institution as reported on the institution's year-end report of condition.
(b) The penalties provided by Sections 2257.107-2257.109 are in addition to those provided by Subchapter D or other law.