Injunctive Relief; Civil Penalty

Sec. 1954.401. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The commissioner may request the attorney general or the district, county, or city attorney having jurisdiction to bring a civil suit for injunctive relief, the assessment and recovery of a civil penalty, or both, against a person who: (1) appears to have violated, is violating, or is threatening to violate this chapter or a rule adopted or order issued under this chapter; or (2) owns a public building or is the owner's agent and has contracted with or otherwise permitted a person who is not licensed or registered under this chapter to perform in the building an activity for which a license or registration is required. (b) A civil penalty may not exceed $10,000 a day for each violation. Each day a violation occurs or continues to occur is a separate violation for purposes of imposing a penalty. (c) In determining the amount of a civil penalty, the court shall consider: (1) the seriousness of the violation; (2) any hazard created to the health and safety of the public; (3) the person's history of previous violations; and (4) the demonstrated good faith of the person charged with the violation. (d) A civil penalty recovered in a suit instituted by the attorney general under this chapter shall be deposited in the state treasury. A civil penalty recovered in a suit instituted by a local government under this chapter shall be paid to the local government. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.