Sec. 18.009.  CIVIL PENALTY;  INJUNCTION.  (a)  A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty not to exceed $10,000 for each violation.  Each day a violation continues is a separate violation for purposes of a civil penalty assessment.
(b)  On request of the department, the attorney general or the county attorney or district attorney of the county in which the violation is alleged to have occurred shall file suit to collect the penalty.
(c)  A civil penalty collected under this section shall be deposited in the general revenue fund.  All civil penalties recovered in suits instituted by a county or district attorney under this section shall be divided between the state and the county in which the county or district attorney brought suit, with 50 percent of the recovery to be paid to the general revenue fund and 50 percent to the county.
(d)  The department is entitled to appropriate injunctive relief to prevent or abate a violation of this subchapter or a rule adopted under this subchapter. On request of the department, the attorney general or the county or district attorney of the county in which the alleged violation is threatened or occurring shall file suit for the injunctive relief.  Venue is in the county in which the alleged violation is threatened or is occurring.
(e)  This section is applicable only if the department chooses to use civil remedy as opposed to criminal penalty under Section 18.008.
Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1288, Sec. 9, eff. June 21, 2003.