Section 484.003 - Civil Penalty(a) The attorney general or a district, county, or city attorney may institute an action in district court to collect a civil penalty from a person who in the course of business produces, distributes, sells, or offers for sale a mislabeled abusable synthetic substance.(b) The civil penalty may not exceed $25,000 a day for each offense. Each day an offense is committed 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 offenses under Section 484.002 or under Section 32.42(b)(4), Penal Code, relating to the sale of a mislabeled abusable synthetic substance;(2) the seriousness of the offense;(3) any hazard posed to the public health and safety by the offense; 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 offense 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 § 484.003
Added by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 187,Sec. 1, eff. 9/1/2015.