SUBCHAPTER I. OTHER PENALTIES AND ENFORCEMENT PROVISIONS

Sec. 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.