Tex.
Health & Safety Code Section 436.027
Civil Penalty
(a)
At the request of the department, the attorney general or a district, county, or municipal attorney shall institute an action in district or county court to collect a civil penalty from a person who has violated Section 436.011 (Prohibited Acts).(b)
A person who violates Section 436.011 (Prohibited Acts) is liable for a civil penalty not to exceed $25,000 a day for each violation. Each day of a continuing violation constitutes a separate violation for purposes of penalty assessment.(c)
In determining the amount of the penalty, the court shall consider:(1)
the person’s history of previous violations under this chapter;(2)
the seriousness of the violation;(3)
any hazard to the health and safety of the public;(4)
the demonstrated good faith of the person; and(5)
other matters as justice may require.(d)
A civil penalty recovered in a suit instituted by the attorney general under this chapter shall be deposited in the state treasury to the credit of the general revenue fund. A civil penalty recovered in a suit instituted by a local government under this chapter shall be paid to the local government.(e)
Venue for a suit to collect a civil penalty brought under this section is in the municipality or county in which the violation occurred or in Travis County.
Source:
Section 436.027 — Civil Penalty, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.436.htm#436.027 (accessed Apr. 29, 2024).
