Section 436.027 - Civil Penalty(a) At the request of the department, the attorney general or a district, county, or municipal attorney shall institute an action in district or county court to collect a civil penalty from a person who has violated Section 436.011.(b) A person who violates Section 436.011 is liable for a civil penalty not to exceed $25,000 a day for each violation. Each day of a continuing violation constitutes a separate violation for purposes of penalty assessment.(c) In determining the amount of the penalty, the court shall consider: (1) the person's history of previous violations under this chapter;(2) the seriousness of the violation;(3) any hazard to the health and safety of the public;(4) the demonstrated good faith of the person; and(5) other matters as justice may require.(d) A civil penalty recovered in a suit instituted by the attorney general under this chapter shall be deposited in the state treasury to the credit of the general revenue fund. A civil penalty recovered in a suit instituted by a local government under this chapter shall be paid to the local government.(e) Venue for a suit to collect a civil penalty brought under this section is in the municipality or county in which the violation occurred or in Travis County.Tex. Health and Safety Code § 436.027
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 3.1095, eff. 4/2/2015.Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. 9/1/1993.