Text of article effective on January 01, 2025
Art. 2A.208.  NOTICE OF VIOLATION OF REPORTING REQUIREMENTS FOR CERTAIN INJURIES OR DEATHS; CIVIL PENALTY.  (a)  The attorney general shall conduct an investigation after receiving a written and signed report, on a form prescribed by the attorney general, asserting that a law enforcement agency failed to submit a report required by Article 2A.206 or 2A.207.  If the attorney general determines that the law enforcement agency failed to submit the report, the attorney general shall provide notice of the failure to the agency.  The notice must summarize the applicable reporting requirement and state that the agency may be subject to a civil penalty as provided by Subsection (b) or (c), as applicable.
(b)  Except as provided by Subsection (c), a law enforcement agency that fails to submit the required report on or before the seventh day after the date of receiving notice under Subsection (a) is liable for a civil penalty in the amount of $1,000 for each day after the seventh day that the agency fails to submit the report.
(c)  Beginning on the day after the date of receiving notice under Subsection (a), a law enforcement agency that, in the five-year period preceding the date the agency received the notice, has been liable for a civil penalty under Subsection (b) or this subsection is liable for a civil penalty for each day the agency fails to submit the required report.  The amount of a civil penalty under this subsection is $10,000 for the first day and $1,000 for each additional day that the agency fails to submit the report.
(d)  The attorney general may sue to collect a civil penalty under this article.
(e)  A civil penalty collected under this article shall be deposited to the credit of the compensation to victims of crime fund established under Subchapter J, Chapter 56B.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.