Sec. 140A.004. INJUNCTIVE RELIEF; OTHER REMEDIES. (a) A court in which a proceeding is brought under this chapter may prevent, restrain, and remedy racketeering by issuing appropriate orders. The orders may include a temporary restraining order, a temporary or permanent injunction, the creation of a receivership, and the enforcement of a constructive trust in connection with any property or other interest, prejudgment writs of attachment under Chapter 61 for the purposes of freezing, preserving, and disgorging assets, or another order for a remedy or restraint the court considers proper.
(b) Following a final determination of liability under this chapter, the court may issue an appropriate order, including an order that:
(1) requires a person to divest any direct or indirect interest in an enterprise;
(2) imposes reasonable restrictions on the future activities or investments of a person that affect the laws of this state, including prohibiting a person from engaging in the type of endeavor or enterprise that gave rise to the racketeering offense, to the extent permitted by the constitutions of this state and the United States;
(3) requires the dissolution or reorganization of an enterprise involved in the suit;
(4) orders the recovery of reasonable fees, expenses, and costs incurred in obtaining injunctive relief or civil remedies or in conducting investigations under this chapter, including court costs, attorney's fees, witness fees, and deposition fees;
(5) orders payment to the state of an amount equal to:
(A) the gain acquired or maintained through racketeering; or
(B) the amount for which a person is liable under this chapter;
(6) orders payment to the state of a civil penalty by a person or enterprise found liable for racketeering, in an amount not to exceed $250,000 for each separately alleged and proven act of racketeering;
(7) orders payment of damages to the state for racketeering shown to have materially damaged the state; or
(8) orders that property attached under Chapter 61 be used to satisfy an award of the court, including damages, penalties, costs, and fees.
(c) In determining the amount of a civil penalty ordered under Subsection (b)(6), the court shall consider:
(1) the seriousness of the racketeering offense and the consequent financial or personal harm to the state or to any identified victim; and
(2) the duration of the racketeering activity.
(d) If any property attached under Chapter 61 is not necessary to satisfy an award of the court after a finding of liability for racketeering of the person or enterprise having an interest in the property, the court may order that the property be disgorged to the state to the extent of the person's or enterprise's interest. To be disgorged, the property must be acquired or maintained by the person or enterprise through racketeering.
(e) In determining the amount of damages ordered under Subsection (b)(7), the court shall consider:
(1) loss of tax revenue to the state;
(2) unpaid state unemployment taxes;
(3) unpaid state licensing and regulatory fees;
(4) medical and counseling costs incurred by the state on behalf of any victim of the racketeering; and
(5) other material damage caused to the state by the racketeering.
(f) Except as otherwise provided by this chapter, remedies and awards ordered by a court under this chapter, including costs and reasonable attorney's fees, may be assessed against and paid from money or property awarded under this chapter.
(g) This chapter is not intended to provide the exclusive remedy for the activity addressed by this chapter. A proceeding under this chapter may be brought in addition to or in the alternative of any other civil or criminal action available under the laws of this state.
(h) Notwithstanding any other provision in this chapter, Articles 59.13 and 59.14, Code of Criminal Procedure, apply to a remedy under this section.
(i) A remedy under this section may not impair a security interest in property subject to a bona fide lien.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1066 (H.B. 3241), Sec. 1, eff. June 14, 2013.
Redesignated from Civil Practice and Remedies Code, Chapter 140 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(5), eff. September 1, 2015.
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