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Texas Business & Commerce Code - Section 46.006. Civil Penalty

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 46.006. Civil Penalty

§ 46.006. CIVIL PENALTY. (a) A person who violates this chapter other than Section 46.009 is liable to the state for a civil penalty in an amount not to exceed the lesser of: (1) $10 for each unlawful message or action; or (2) $25,000 for each day an unlawful message is received or an action is taken. (b) The attorney general or the prosecuting attorney in the county in which the violation occurs may: (1) bring suit to recover the civil penalty imposed under Subsection (a); and (2) seek an injunction to prevent or restrain a violation of this chapter. (c) The attorney general or the prosecuting attorney may recover reasonable expenses incurred in obtaining a civil penalty under this section, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses. Added by Acts 2003, 78th Leg., ch. 1053, § 1, eff. Sept. 1, 2003.

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Last modified: August 10, 2007