\t\r\n\t\t\t\t\t","hadText":true}Sec.\u00A0431.0585.\u00A0\u00A0CIVIL PENALTY. (a)\u00A0\u00A0At 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)\u00A0\u00A0The 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)\u00A0\u00A0The court shall consider the following in determining the amount of the penalty:
(1)\u00A0\u00A0the person's history of any previous violations of Section 431.021;
(2)\u00A0\u00A0the seriousness of the violation;
(3)\u00A0\u00A0any hazard posed to the public health and safety by the violation; and
(4)\u00A0\u00A0demonstrations of good faith by the person charged.
(d)\u00A0\u00A0Venue for a suit brought under this section is in the city or county in which the violation occurred or in Travis County.
(e)\u00A0\u00A0A civil penalty recovered in a suit instituted by a local government under this section shall be paid to that local government.
\r\nAdded by Acts 1991, 72nd Leg., ch. 14, Sec. 154, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0960, eff. April 2, 2015.
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