Sec. 14.086.  CIVIL PENALTY.  (a)  A person who violates this chapter is liable for a civil penalty of not less than $500 or more than $10,000 for each violation.  Each day a violation occurs or continues may be considered a separate violation for purposes of a civil penalty assessment.
(b)  On request of the department, the attorney general or the county attorney or the district attorney of the county in which the violation is alleged to have occurred shall file suit to collect the penalty.  The attorney general, a county attorney, or a district attorney may file suit under this section without a request from the department.
(c)  A county attorney, a district attorney, or the attorney general shall sue in the name of the state for the collection of a penalty provided by this section.
(d)  A civil penalty collected under this section shall be deposited in the state treasury to the credit of the general revenue fund.  All civil penalties recovered in suits initially instituted by a local government or governments under this section shall be divided equally between the state and the local government or governments, with 50 percent of the recovery to be paid to the general revenue fund and the other 50 percent to be paid equally to the local government or governments initially instituting the suit.
(e)  A civil penalty may not be collected for any violation that constituted the basis for a department proceeding to assess an administrative penalty, regardless of whether the department was successful in obtaining a judgment for the administrative penalty.
Added by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.