Sec. 466.045.  CIVIL PENALTY.  (a)  If it appears that a person has violated this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter, the department may request the attorney general or the district, county, or municipal attorney of the municipality or county in which the violation occurred to institute a civil suit for the assessment and recovery of a civil penalty.
(b)  The penalty may be in an amount not to exceed $10,000 for each violation.
(c)  In determining the amount of the penalty, the court shall consider:
(1)  the person's history of previous violations;
(2)  the seriousness of the violation;
(3)  any hazard to the health and safety of the public;  and
(4)  the demonstrated good faith of the person charged.
(d)  A civil penalty recovered in a suit instituted by the attorney general under this chapter shall be deposited in the state treasury to the credit of the General Revenue Fund.  A civil penalty recovered in a suit instituted by a local government under this chapter shall be paid to the local government.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1, 1991.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1222, eff. April 2, 2015.