Tex.
Health & Safety Code Section 796.010
Civil Penalty; Injunction
(a)
A person who knowingly violates this chapter or a rule adopted under this chapter is subject to a civil penalty in the following amounts:(1)
if the person is a manufacturer, wholesale dealer, or agent knowingly selling or offering to sell a cigarette in violation of this chapter, a civil penalty not to exceed $100 for each pack of cigarettes sold or offered for sale, but not more than $100,000 for all violations occurring within a 30-day period;(2)
if the person is a retailer knowingly selling or offering to sell a cigarette in violation of this chapter, a civil penalty not to exceed $100 for each pack of cigarettes sold or offered for sale, but not more than $25,000 for all violations occurring within a 30-day period;(3)
if the person knowingly makes a false certification under Section 796.005 (Certification), a civil penalty not to exceed $75,000 for a first violation or $250,000 for a second or subsequent violation; and(4)
if the person violates another provision of this chapter, other than Section 796.007 (Manufacturer Records and Reporting)(b), or another rule adopted under this chapter, a civil penalty not to exceed $1,000 for a first violation or $5,000 for a second or subsequent violation.(b)
If it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule or order adopted under this chapter, the attorney general, as determined by the attorney general or on request of the state fire marshal, may bring a civil action in a district court for:(1)
injunctive relief to restrain the person from continuing the violation or threat of violation;(2)
the assessment of a civil penalty; or(3)
both injunctive relief and a civil penalty.(c)
A cigarette sold or offered for sale in violation of this chapter is subject to forfeiture under Chapter 154 (Cigarette Tax), Tax Code, except that before a forfeited cigarette may be destroyed, the true holder of the trademark rights in the cigarette brand must be permitted to inspect the cigarette.(d)
A civil penalty collected under this section shall be deposited to the credit of the fire prevention and public safety account.
Source:
Section 796.010 — Civil Penalty; Injunction, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.796.htm#796.010 (accessed Jun. 5, 2024).
