Texas law on any date › Occupations Code
Occupations Code §1954.401
In force on Dec 22, 2008 · this text took effect Jun 01, 2003 · same as today's text
INJUNCTIVE RELIEF; CIVIL PENALTY
(a) The commissioner may request the attorney general or the district, county, or city attorney having jurisdiction to bring a civil suit for injunctive relief, the assessment and recovery of a civil penalty, or both, against a person who:
(1) appears to have violated, is violating, or is threatening to violate this chapter or a rule adopted or order issued under this chapter; or
(2) owns a public building or is the owner's agent and has contracted with or otherwise permitted a person who is not licensed or registered under this chapter to perform in the building an activity for which a license or registration is required.
(b) A civil penalty may not exceed $10,000 a day for each violation. Each day a violation occurs or continues to occur is a separate violation for purposes of imposing a penalty.
(c) In determining the amount of a civil penalty, the court shall consider:
(1) the seriousness of the violation;
(2) any hazard created to the health and safety of the public;
(3) the person's history of previous violations; and
(4) the demonstrated good faith of the person charged with the violation.
(d) A civil penalty recovered in a suit instituted by the attorney general under this chapter shall be deposited in the state treasury. A civil penalty recovered in a suit instituted by a local government under this chapter shall be paid to the local government.
History: Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Source: the Legislature's file server, seen Nov 08, 2026.
Every version on file
- Effective Jun 01, 2003 · seen Nov 2026–Nov 2026
Attorney General opinions that cite it
- GA-0729 (Dec 22, 2008): Authority of the Department of State Health Services to enforce state asbestos regulations against municipalities
A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.