(a) If it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule adopted or order issued under this chapter, the commissioner may request the attorney general or a district, county, or municipal attorney of the municipality or county in which the violation has occurred, is occurring, or may occur to institute a civil suit for:
(1) an order enjoining the act or an order directing compliance;
(2) a permanent or temporary injunction, restraining order, or other appropriate order if the department shows that the person is engaged in or is about to engage in any of the acts;
(3) the assessment and recovery of a civil penalty; or
(4) both the injunctive relief and civil penalty.
(b) The penalty may be in an amount not to exceed $25,000 for each violation. Each day a violation continues is a separate violation.

Terms Used In Texas Health and Safety Code 432.018

  • 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.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • 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
  • Venue: The geographical location in which a case is tried.

(c) In determining the amount of the penalty, the court shall consider:
(1) the person’s history of previous violations;
(2) the seriousness of the violation;
(3) any hazard to the health and safety of the public;
(4) the demonstrated good faith of the person charged; and
(5) other matters as justice may require.
(d) Venue for a suit brought under this section is in the municipality or county in which the violation occurred or in Travis County.
(e) A civil penalty recovered in a suit instituted by a local government under this chapter shall be paid to the local government.
(f) The commissioner and the attorney general may each recover reasonable expenses incurred in obtaining injunctive relief, civil penalties, or both under this section, including investigative costs, court costs, reasonable attorney fees, witness fees, and deposition expenses.

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