Texas § 431.0585 CIVIL PENALTY.

Texas Statutes

§ 431.0585 — CIVIL PENALTY.

Texas § 431.0585

Code HSHealth and Safety Code

This text of Texas § 431.0585 (CIVIL PENALTY.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Health and Safety Code Code Ann. § 431.0585 (2026).

Text

Sec. 431.0585. CIVIL PENALTY.

(a)At the request of the department, the attorney general or a district, county, or city attorney shall institute an action in district court to collect a civil penalty from a person who has violated Section 431.021 .

(b)The civil penalty may not exceed $25,000 a day for each violation. Each day of violation constitutes a separate violation for purposes of the penalty assessment.

(c)The court shall consider the following in determining the amount of the penalty:

(1)the person's history of any previous violations of Section 431.021 ;

(2)the seriousness of the violation;

(3)any hazard posed to the public health and safety by the violation; and

(4)demonstrations of good faith by the person charged.

(d)Venue for a suit brought under this section is in the

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Sec. 431.0585. CIVIL PENALTY. (a) At the request of the department, the attorney general or a district, county, or city attorney shall institute an action in district court to collect a civil penalty from a person who has violated Section 431.021 .
(b) The civil penalty may not exceed $25,000 a day for each violation. Each day of violation constitutes a separate violation for purposes of the penalty assessment.
(c) The court shall consider the following in determining the amount of the penalty:
(1) the person's history of any previous violations of Section 431.021 ;
(2) the seriousness of the violation;
(3) any hazard posed to the public health and safety by the violation; 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 violation 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.

Legislative History

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 154, eff. Sept. 1, 1991. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 3.0960, eff. April 2, 2015.