Tex.
Occ. Code Section 1954.401
Injunctive Relief; Civil Penalty
(a)
The commissioner may request the attorney general or the district, county, or city attorney having jurisdiction to bring a civil suit for injunctive relief, the assessment and recovery of a civil penalty, or both, against a person who:(1)
appears to have violated, is violating, or is threatening to violate this chapter or a rule adopted or order issued under this chapter; or(2)
owns a public building or is the owner’s agent and has contracted with or otherwise permitted a person who is not licensed or registered under this chapter to perform in the building an activity for which a license or registration is required.(b)
A civil penalty may not exceed $10,000 a day for each violation. Each day a violation occurs or continues to occur is a separate violation for purposes of imposing a penalty.(c)
In determining the amount of a civil penalty, the court shall consider:(1)
the seriousness of the violation;(2)
any hazard created to the health and safety of the public;(3)
the person’s history of previous violations; and(4)
the demonstrated good faith of the person charged with the violation.(d)
A civil penalty recovered in a suit instituted by the attorney general under this chapter shall be deposited in the state treasury. A civil penalty recovered in a suit instituted by a local government under this chapter shall be paid to the local government.
Source:
Section 1954.401 — Injunctive Relief; Civil Penalty, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1954.htm#1954.401 (accessed Jun. 5, 2024).
