Texas Health and Safety Code 484.003 – Civil Penalty
Current as of: 2024 | Check for updates
|
Other versions
(a) The attorney general or a district, county, or city attorney may institute an action in district court to collect a civil penalty from a person who in the course of business produces, distributes, sells, or offers for sale a mislabeled abusable synthetic substance.
(b) The civil penalty may not exceed $25,000 a day for each offense. Each day an offense is committed constitutes a separate violation for purposes of the penalty assessment.
Terms Used In Texas Health and Safety Code 484.003
- 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
- Venue: The geographical location in which a case is tried.
(c) The court shall consider the following in determining the amount of the penalty:
(1) the person’s history of any previous offenses under § 484.002 or under § 32.42(b)(4), Penal Code, relating to the sale of a mislabeled abusable synthetic substance;
(2) the seriousness of the offense;
(3) any hazard posed to the public health and safety by the offense; and
(4) demonstrations of good faith by the person charged.
(d) Venue for a suit brought under this section is in the city or county in which the offense occurred or in Travis County.
(e) A civil penalty recovered in a suit instituted by a local government under this section shall be paid to that local government.