Health & Safety Code Section 436.027
(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.
Section 436.027 — Civil Penalty,
https://statutes.capitol.texas.gov/Docs/HS/htm/HS.436.htm#436.027 (accessed Dec. 2, 2023).