Tex.
Health & Safety Code Section 484.003
Civil Penalty
(a)
The attorney general or a district, county, or city attorney may institute an action in district court to collect a civil penalty from a person who in the course of business produces, distributes, sells, or offers for sale a mislabeled abusable synthetic substance.(b)
The civil penalty may not exceed $25,000 a day for each offense. Each day an offense is committed constitutes a separate violation for purposes of the penalty assessment.(c)
The court shall consider the following in determining the amount of the penalty:(1)
the person’s history of any previous offenses under Section 484.002 (Prohibited Acts) or under Section 32.42 (Deceptive Business Practices)(b)(4), Penal Code, relating to the sale of a mislabeled abusable synthetic substance;(2)
the seriousness of the offense;(3)
any hazard posed to the public health and safety by the offense; and(4)
demonstrations of good faith by the person charged.(d)
Venue for a suit brought under this section is in the city or county in which the offense occurred or in Travis County.(e)
A civil penalty recovered in a suit instituted by a local government under this section shall be paid to that local government.
Source:
Section 484.003 — Civil Penalty, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.484.htm#484.003 (accessed Jun. 5, 2024).
