(a) If a person has violated, is violating, or is threatening to violate this chapter
or a rule, permit, or order of the department issued, adopted, or entered into under
this chapter, the director may bring suit to restrain the person from continuing the
violation or threat of violation, to recover the civil penalty under Section 86.024, to recover the value of material taken in violation of this chapter, or for any
appropriate combination of these remedies.
(b) On application for injunctive relief and a finding that a person is violating
or threatening to violate a provision of this chapter or a rule, permit, or order
of the department under this chapter, a court shall grant the injunctive relief the
facts may warrant, without requirement for bond.
(c) At the request of the director, the attorney general or the county attorney of
the county in which the violation or threat of violation occurred shall bring suit
for injunctive relief, to recover a civil penalty, to recover the value of material
taken in violation of this chapter, or for any appropriate combination of these remedies. Amounts recovered under this section shall be credited to the game, fish, and water
safety fund. The actual cost of investigation, reasonable attorney's fees, and reasonable expert
witness fees also may be recovered, and those recovered amounts shall be credited
to the same operating funds from which expenditures occurred.
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