Texas Business and Commerce Code 328.003 – Enforcement by Attorney General; Injunction; Civil Penalty
Current as of: 2024 | Check for updates
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Other versions
(a) The attorney general may investigate a claim that a person violated this chapter.
(b) If the attorney general concludes that a person is violating this chapter, the attorney general may bring an action in the name of the state to restrain or enjoin the person from violating this chapter.
Terms Used In Texas Business and Commerce Code 328.003
- 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
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(c) In addition to bringing an action for injunctive relief under this chapter, the attorney general may seek restitution and petition a district court for the assessment of a civil penalty as provided by this section.
(d) A person who knowingly violates § 328.002 is liable for a civil penalty of not more than $10,000 for each violation.
(e) Every ticket transaction in which a ticket is acquired to be sold in violation of § 328.002 constitutes a separate violation for purposes of assessing a civil penalty.
(f) The civil penalty for a violation of a court order or injunction issued to enforce this section may not exceed $100,000.
(g) The attorney general may recover all reasonable costs of bringing an action under this section, including court costs, reasonable attorney’s fees, and investigation costs.
Texas Business and Commerce Code 328.003 – Enforcement by Attorney General; Injunction; Civil Penalty
Current as of: 2024 | Check for updates
|
Other versions
(a) The attorney general may investigate a claim that a person violated this chapter.
(b) If the attorney general concludes that a person is violating this chapter, the attorney general may bring an action in the name of the state to restrain or enjoin the person from violating this chapter.
Terms Used In Texas Business and Commerce Code 328.003
- 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
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(c) In addition to bringing an action for injunctive relief under this chapter, the attorney general may seek restitution and petition a district court for the assessment of a civil penalty as provided by this section.
(d) A person who knowingly violates § 328.002 is liable for a civil penalty of not more than $10,000 for each violation.
(e) Every ticket transaction in which a ticket is acquired to be sold in violation of § 328.002 constitutes a separate violation for purposes of assessing a civil penalty.
(f) The civil penalty for a violation of a court order or injunction issued to enforce this section may not exceed $100,000.
(g) The attorney general may recover all reasonable costs of bringing an action under this section, including court costs, reasonable attorney’s fees, and investigation costs.