Tex. Occ. Code Section 1956.202
Civil Penalty

(a)

Except as provided by Subsection (d), a person who violates this chapter or a rule adopted under this chapter is liable to this state for a civil penalty of not more than $1,000 for each violation.

(b)

The amount of the penalty shall be based on:

(1)

the seriousness of the violation;

(2)

the history of previous violations;

(3)

the amount necessary to deter a future violation; and

(4)

any other matter that justice may require.

(c)

The attorney general may sue to collect a civil penalty under this section. In the suit the attorney general may recover, on behalf of the state, the reasonable expenses incurred in obtaining the penalty, including investigation and court costs, reasonable attorney’s fees, witness fees, and other expenses.

(d)

A civil penalty may not be assessed under this section for conduct described by Section 1956.021 (Registration Required), 1956.023 (Term of Certificate)(d), 1956.036 (Furnishing of Report to Department)(a), 1956.038 (Prohibited Acts), or 1956.039 (Hours for Purchasing Material).
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 4, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 694), Sec. 19, eff. September 1, 2011.

Source: Section 1956.202 — Civil Penalty, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1956.­htm#1956.­202 (accessed Jun. 5, 2024).

1956.001
Definitions 1956.002
Exception 1956.003
Local Law 1956.004
Civil Penalty 1956.011
Administration of Chapter 1956.012
Department Staff 1956.013
Rules 1956.014
Fees 1956.015
Statewide Electronic Reporting System 1956.016
Registration Database 1956.017
Advisory Committee 1956.021
Registration Required 1956.022
Issuance of Certificate 1956.023
Term of Certificate 1956.024
Renewal of Certificate 1956.030
Fixed Location 1956.031
Notice to Sellers 1956.032
Information Regarding Seller 1956.033
Record of Purchase 1956.034
Preservation of Records 1956.035
Inspection of Records 1956.036
Furnishing of Report to Department 1956.037
Placement of Items on Hold 1956.038
Prohibited Acts 1956.039
Hours for Purchasing Material 1956.040
Criminal Penalty 1956.041
Administrative Penalty 1956.051
Definitions 1956.055
Exception: Crafted Precious Metal Acquired from Another Dealer Who Previously Made Required Reports 1956.056
Exception: Crafted Precious Metal Acquired in Dissolution or Liquidation Sale 1956.057
Exception: Crafted Precious Metal Acquired in Judicial Sale 1956.058
Exception: Crafted Precious Metal Acquired as Payment for Other Crafted Precious Metal by Person in Business of Selling to Consumers 1956.059
Exception: Crafted Precious Metal Acquired from or Reported to Governmental Agency 1956.060
Exception: Crafted Precious Metal Acquired by Person Licensed Under Texas Pawnshop Act 1956.061
Effect on Other Laws and Ordinances 1956.062
Report of Purchase Required 1956.063
Form of Report 1956.064
Required Retention of Crafted Precious Metal 1956.065
Inspection of Crafted Precious Metal by Peace Officer 1956.066
Purchase from Minor 1956.067
Purchase at Temporary Location of Dealer 1956.068
Purchase of Melted Items 1956.069
Criminal Penalty 1956.101
Definitions 1956.102
Exception 1956.103
Restrictions on Transfer of Certain Property 1956.104
Notice of Restrictions 1956.105
Criminal Penalty 1956.121
Definition 1956.122
Applicability 1956.123
Limitation on Purchasing or Otherwise Acquiring Catalytic Converters 1956.124
Certain Records Required When Purchasing or Otherwise Acquiring Catalytic Converter 1956.125
Inspection of Records 1956.126
Effect on Local Law 1956.127
Declaration Update 1956.128
Administrative Penalty 1956.151
Denial of Certificate 1956.153
Hearing 1956.201
Enforcement Proceedings 1956.202
Civil Penalty 1956.203
Criminal Penalty for Certain Solicitation 1956.204
General Criminal Penalty 1956.0321
Additional Requirements Regarding Purchase of Catalytic Converter 1956.0331
Photograph or Recording Requirement for Regulated Metal Transaction 1956.0381
Payment by Metal Recycling Entity 1956.0382
Cash Transaction Card 1956.0511
Administration by Commission 1956.0611
Rulemaking 1956.0612
Registration as Dealer 1956.0613
Investigation by Commissioner 1956.0614
Revocation of Registration 1956.0615
Administrative Penalty 1956.0616
Notice of Enforcement Order 1956.06131
Examination by Commissioner
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 1956.202’s source at texas​.gov