Texas Occupations Code - Section 102.010. Civil Penalties
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Texas Lawyer > Occupations Code > Texas Occupations Code - Section 102.010. Civil Penalties
§ 102.010. CIVIL PENALTIES. (a) A person who violates
this subchapter is subject to a civil penalty of not more than
$10,000 for each day of violation and each act of violation. In
determining the amount of the civil penalty, the court shall
consider:
(1) the person's previous violations;
(2) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(3) whether the health and safety of the public was
threatened by the violation;
(4) the demonstrated good faith of the person; and
(5) the amount necessary to deter future violations.
(b) The attorney general or the appropriate district or
county attorney, in the name of the state, may institute and conduct
an action authorized by this section in a district court of Travis
County or of a county in which any part of the violation occurs.
(c) A penalty collected under this section by the attorney
general shall be deposited to the credit of the general revenue
fund. A penalty collected under this section by a district or
county attorney shall be deposited to the credit of the general fund
of the county in which the suit was heard.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
Section: 102.003 102.004 102.005 102.006 102.007 102.008 102.009 102.010 102.011 102.051 102.052 102.053 102.054 103.001 103.002
Last modified: August 10, 2007
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