CIVIL PENALTY.
Tex. HEALTH & SAFETY Code § 431.0585.
in effect(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.