(a) A person who violates this chapter is liable to this state for a civil penalty in an amount not to exceed the lesser of:
(1) $10 for each unlawful message or unlawful action; or
(2) $25,000 for each day an unlawful message is received or each day an unlawful action is taken.
(b) The attorney general or a prosecuting attorney in the county in which the violation occurs may:
(1) bring an action to recover the civil penalty; and
(2) obtain an injunction to prevent or restrain a violation of this chapter.

Terms Used In Texas Business and Commerce Code 321.102

  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) The attorney general or prosecuting attorney may recover reasonable expenses incurred in recovering the civil penalty, including court costs, reasonable attorney’s fees, investigative costs, witness fees, and deposition expenses.
(d) Subsection (a) does not apply to a violation of § 321.107(a).

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