Texas Occupations Code 1954.401 – Injunctive Relief; Civil Penalty
(a) The commissioner may request the attorney general or the district, county, or city attorney having jurisdiction to bring a civil suit for injunctive relief, the assessment and recovery of a civil penalty, or both, against a person who:
(1) appears to have violated, is violating, or is threatening to violate this chapter or a rule adopted or order issued under this chapter; or
(2) owns a public building or is the owner’s agent and has contracted with or otherwise permitted a person who is not licensed or registered under this chapter to perform in the building an activity for which a license or registration is required.
(b) A civil penalty may not exceed $10,000 a day for each violation. Each day a violation occurs or continues to occur is a separate violation for purposes of imposing a penalty.
Terms Used In Texas Occupations Code 1954.401
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Rule: includes regulation. See Texas Government Code 311.005
(c) In determining the amount of a civil penalty, the court shall consider:
(1) the seriousness of the violation;
(2) any hazard created to the health and safety of the public;
(3) the person’s history of previous violations; and
(4) the demonstrated good faith of the person charged with the violation.
(d) A civil penalty recovered in a suit instituted by the attorney general under this chapter shall be deposited in the state treasury. A civil penalty recovered in a suit instituted by a local government under this chapter shall be paid to the local government.