§ 431.0585 Civil Penalty

§ 431.0585. Civil Penalty

    (a) At the request of the commissioner, 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.