(a) Federal enforcement action. The division director may refer violations of FRA's railroad safety requirements to the FRA with a recommendation that the FRA seek either imposition of civil penalties or an injunction against further railroad safety violations, or both.
(b) State enforcement action. The department may, through the attorney general of Texas, bring an action in any court of competent jurisdiction and proper venue, seeking either imposition of a civil penalty or an injunction, or both, against violation of a railroad safety regulation or order issued under the provisions of the Texas Civil Statutes or Transportation Code, Chapter 111. The department may also, through the attorney general of Texas, bring an action in the United States district court for the judicial district in which the violation occurred or in which the defendant has its principal executive office, seeking either imposition of a civil penalty or an injunction, or both, for a violation of FRA's railroad safety requirements, if the division director has requested such action and the FRA has failed to take timely action on a request.

Source Note: The provisions of this §7.40 adopted to be effective January 5, 2006, 30 TexReg 8993; amended to be effective April 1, 2011, 36 TexReg 1690