Texas Business & Commerce Code - Section 44.052. Enforcement; Penalties
Legal Research Home >
Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 44.052. Enforcement; Penalties
§ 44.052. ENFORCEMENT; PENALTIES. (a) Except as
provided by Subsection (c), the commission shall receive and
investigate complaints concerning violations of this subchapter
and may assess an administrative penalty not to exceed $1,000 for
each violation. If the complaint alleges that the person violating
this subchapter is a telecommunications provider, as defined by
Section 51.002, Utilities Code, the commission has exclusive
jurisdiction over the violation alleged in the complaint,
notwithstanding Subsection (b).
(b) Except as provided by Subsection (c), the attorney
general may investigate violations of this subchapter and file
civil enforcement actions seeking injunctive relief, attorney's
fees, and civil penalties in an amount not to exceed $1,000 for each
violation. If the court finds the defendant wilfully or knowingly
violated this subchapter, the court may increase the amount of the
civil penalties to an amount not to exceed $3,000 for each
violation. A violation of this subchapter is subject to
enforcement action by the attorney general's consumer protection
division under Sections 17.47, 17.58, 17.60, and 17.61.
(c) A state agency that issues a license to a state licensee
may receive and investigate complaints concerning violations of
this subchapter by the state licensee, may assess an administrative
penalty not to exceed $1,000 for each violation, and may order
restitution of any monetary damages of the complainant. In
addition, if the agency finds that the licensee wilfully or
knowingly violated this subchapter, the agency may suspend or
revoke the state licensee's license.
(d) Venue for an action under this subchapter is in Travis
County.
Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.
Renumbered from V.T.C.A., Bus. & C. Code § 43.052 by Acts 2003,
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.
Section: 44.001 44.002 44.003 44.004 44.005 44.006 44.051 44.052 44.101 44.102 44.103 44.104 44.151 44.152 44.153
Last modified: August 10, 2007
|
