(a) A person who violates this subchapter or a rule adopted under this subchapter
is liable to the state for a civil penalty not to exceed $10,000 for each violation. Each day a violation continues is a separate violation for purposes of a civil penalty
(b) On request of the department, the attorney general or the county attorney or district
attorney of the county in which the violation is alleged to have occurred shall file
suit to collect the penalty.
(c) A civil penalty collected under this section shall be deposited in the general
revenue fund. All civil penalties recovered in suits instituted by a county or district attorney
under this section shall be divided between the state and the county in which the
county or district attorney brought suit, with 50 percent of the recovery to be paid
to the general revenue fund and 50 percent to the county.
(d) The department is entitled to appropriate injunctive relief to prevent or abate
a violation of this subchapter or a rule adopted under this subchapter. On request of the department, the attorney general or the county or district attorney
of the county in which the alleged violation is threatened or occurring shall file
suit for the injunctive relief. Venue is in the county in which the alleged violation is threatened or is occurring.
(e) This section is applicable only if the department chooses to use civil remedy
as opposed to criminal penalty under Section 18.008.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.