Texas § 445.005 CIVIL PENALTY.

Texas Statutes

§ 445.005 — CIVIL PENALTY.

Texas § 445.005

Code HSHealth and Safety Code

This text of Texas § 445.005 (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. § 445.005 (2026).

Text

Sec. 445.005. CIVIL PENALTY.

(a)A person who violates this chapter is subject to a civil penalty in the amount of:

(1)$250 for the first violation;

(2)$500 for the second violation; and

(3)$1,000 for each subsequent violation.

(b)Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty under this section.

(c)A kratom retailer is not liable for a civil penalty under this section for a violation of Section 445.002 or 445.003 if the kratom retailer proves by a preponderance of the evidence that the violation was unintentional and due to the kratom retailer's good faith reliance on the representation of another kratom processor.

(d)The attorney general or the district or county attorney for the county or municipal attorney for the municipality

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Sec. 445.005. CIVIL PENALTY. (a) A person who violates this chapter is subject to a civil penalty in the amount of:
(1) $250 for the first violation;
(2) $500 for the second violation; and
(3) $1,000 for each subsequent violation.
(b) Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty under this section.
(c) A kratom retailer is not liable for a civil penalty under this section for a violation of Section 445.002 or 445.003 if the kratom retailer proves by a preponderance of the evidence that the violation was unintentional and due to the kratom retailer's good faith reliance on the representation of another kratom processor.
(d) The attorney general or the district or county attorney for the county or municipal attorney for the municipality in which the violation is alleged to have occurred may bring an action to recover a civil penalty under this section.

Legislative History

Added by Acts 2023, 88th Leg., R.S., Ch. 2 (S.B. 497 ), Sec. 2, eff. September 1, 2023. Redesignated from Health and Safety Code, Chapter 444 by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 22.001(22), eff. September 1, 2025. Amended by: Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 22.002(5), eff. September 1, 2025.