Texas Health and Safety Code 796.010 – Civil Penalty; Injunction
(a) A person who knowingly violates this chapter or a rule adopted under this chapter is subject to a civil penalty in the following amounts:
(1) if the person is a manufacturer, wholesale dealer, or agent knowingly selling or offering to sell a cigarette in violation of this chapter, a civil penalty not to exceed $100 for each pack of cigarettes sold or offered for sale, but not more than $100,000 for all violations occurring within a 30-day period;
(2) if the person is a retailer knowingly selling or offering to sell a cigarette in violation of this chapter, a civil penalty not to exceed $100 for each pack of cigarettes sold or offered for sale, but not more than $25,000 for all violations occurring within a 30-day period;
(3) if the person knowingly makes a false certification under § 796.005, a civil penalty not to exceed $75,000 for a first violation or $250,000 for a second or subsequent violation; and
(4) if the person violates another provision of this chapter, other than § 796.007(b), or another rule adopted under this chapter, a civil penalty not to exceed $1,000 for a first violation or $5,000 for a second or subsequent violation.
(b) If it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule or order adopted under this chapter, the attorney general, as determined by the attorney general or on request of the state fire marshal, may bring a civil action in a district court for:
(1) injunctive relief to restrain the person from continuing the violation or threat of violation;
(2) the assessment of a civil penalty; or
(3) both injunctive relief and a civil penalty.
Terms Used In Texas Health and Safety Code 796.010
- 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) A cigarette sold or offered for sale in violation of this chapter is subject to forfeiture under Chapter 154, Tax Code, except that before a forfeited cigarette may be destroyed, the true holder of the trademark rights in the cigarette brand must be permitted to inspect the cigarette.
(d) A civil penalty collected under this section shall be deposited to the credit of the fire prevention and public safety account.