(a) A person who violates this chapter or a rule adopted under this chapter is liable
to the state for a civil penalty of not less than $250 nor more than $10,000 for each
violation. Each day a violation continues may be considered a separate violation for purposes
of a civil penalty assessment.
(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 state treasury
to the credit of the General Revenue Fund. All civil penalties recovered in suits first instituted by a local government or governments
under this section shall be equally divided between the State of Texas and the local
government or governments with 50 percent of the recovery to be paid to the General
Revenue Fund and the other 50 percent equally to the local government or governments
first instituting the suit.
(d) The department is entitled to appropriate injunctive relief to prevent or abate
a violation of this chapter or a rule adopted under this chapter. 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 is occurring shall file
suit for the injunctive relief. Venue is in the county in which the alleged violation is threatened or is occurring.
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.
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