{"data":{"id":"us-tx/tex.-health-and-safety-code-431.0585","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 431.0585","heading":"CIVIL PENALTY.","body":"(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.\n(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.\n(c) The court shall consider the following in determining the amount of the penalty:\n(1) the person's history of any previous violations of Section 431.021;\n(2) the seriousness of the violation;\n(3) any hazard posed to the public health and safety by the violation; and\n(4) demonstrations of good faith by the person charged.\n(d) Venue for a suit brought under this section is in the city or county in which the violation occurred or in Travis County.\n(e) A civil penalty recovered in a suit instituted by a local government under this section shall be paid to that local government.\nAdded by Acts 1991, 72nd Leg., ch. 14, Sec. 154, eff. Sept. 1, 1991.\nAmended by:\nActs 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0960, eff. April 2, 2015.","path":["HEALTH AND SAFETY CODE","TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES","SUBTITLE A. FOOD AND DRUG HEALTH REGULATIONS","CHAPTER 431. TEXAS FOOD, DRUG, AND COSMETIC ACT","SUBCHAPTER C. ENFORCEMENT"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.431.htm#431.0585","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"f3da96109cbd734953f6b11b577fc3042cd2ab5ceeb654035a8450e1acaf30ff","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-431.058","next":"us-tx/tex.-health-and-safety-code-431.059"},"notice":"GroundRules: Original legal text. Not legal advice."}