Sec. 61.033.  FAILURE OF SURETY COMPANY TO PAY VERIFIED CLAIM FOR WAGES;  CIVIL PENALTY.  (a)  A surety company that issues a bond to secure the payment of wages under this chapter and that wilfully fails to pay a verified claim for wages found to be due and payable is subject to a civil penalty in the amount of $1,000 for each failure to pay each employee.
(b)  A subsequent violation is subject to a civil penalty in the amount of $1,000 for each failure to pay each employee plus 25 percent of the amount unlawfully withheld.
(c)  The attorney general shall recover a penalty imposed by this section in an action brought in the name of the state.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.