Section 431.0585 - Civil Penalty(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.Tex. Health and Safety Code § 431.0585
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 3.0960, eff. 4/2/2015.Added by Acts 1991, 72nd Leg., ch. 14, Sec. 154, eff. 9/1/1991.