Sec. 129B.006.  CIVIL PENALTY; INJUNCTION.  (a)  If the attorney general believes that an entity is knowingly violating or has knowingly violated this chapter and the action is in the public interest, the attorney general may bring an action in a Travis County district court or the district court in the county in which the principal place of business of the entity is located in this state to enjoin the violation, recover a civil penalty, and obtain other relief the court considers appropriate.
(b)  A civil penalty imposed under this section for a violation of Section 129B.002 or 129B.003 may be in an amount equal to not more than the total, if applicable, of:
(1)  $10,000 per day that the entity operates an Internet website in violation of the age verification requirements of this chapter;
(2)  $10,000 per instance when the entity retains identifying information in violation of Section 129B.002(b); and
(3)  if, because of the entity's violation of the age verification requirements of this chapter, one or more minors accesses sexual material harmful to minors, an additional amount of not more than $250,000.
(c)  The amount of a civil penalty under this section shall be based on:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2)  the history of previous violations;
(3)  the amount necessary to deter a future violation;
(4)  the economic effect of a penalty on the entity on whom the penalty will be imposed;
(5)  the entity's knowledge that the act constituted a violation of this chapter; and
(6)  any other matter that justice may require.
(d)  The attorney general may recover reasonable and necessary attorney's fees and costs incurred in an action under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 676 (H.B. 1181), Sec. 1, eff. September 1, 2023.