Sec. 431.0585.  CIVIL PENALTY.  (a)  At the request of the department, the attorney general or a district, county, or city attorney shall institute an action in district court to collect a civil penalty from a person who has violated Section 431.021.
(b)  The civil penalty may not exceed $25,000 a day for each violation.  Each day of violation constitutes a separate violation for purposes of the penalty assessment.
(c)  The court shall consider the following in determining the amount of the penalty:
(1)  the person's history of any previous violations of Section 431.021;
(2)  the seriousness of the violation;
(3)  any hazard posed to the public health and safety by the violation;  and
(4)  demonstrations of good faith by the person charged.
(d)  Venue for a suit brought under this section is in the city or county in which the violation occurred or in Travis County.
(e)  A civil penalty recovered in a suit instituted by a local government under this section shall be paid to that local government.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 154, eff. Sept. 1, 1991.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0960, eff. April 2, 2015.