{"data":{"id":"us-tx/tex.-occupations-code-1954.401","jurisdiction":"us-tx","citation":"Tex. Occupations Code § 1954.401","heading":"INJUNCTIVE RELIEF; CIVIL PENALTY.","body":"(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:\n(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\n(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.\n(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.\n(c) In determining the amount of a civil penalty, the court shall consider:\n(1) the seriousness of the violation;\n(2) any hazard created to the health and safety of the public;\n(3) the person's history of previous violations; and\n(4) the demonstrated good faith of the person charged with the violation.\n(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.\nAdded by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.","path":["OCCUPATIONS CODE","TITLE 12. PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND SAFETY","SUBTITLE B. PRACTICES RELATED TO HEALTH AND SAFETY","CHAPTER 1954. ASBESTOS HEALTH PROTECTION","SUBCHAPTER I. OTHER PENALTIES AND ENFORCEMENT PROVISIONS"],"source_url":"https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1954.htm#1954.401","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:31Z","sha256":"7f9a00a7a783ede3d6aab1d7ca75d169a320bab9eb6108e9b5e76059b37ac4e2","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-occupations-code-1954.357","next":"us-tx/tex.-occupations-code-1954.402"},"notice":"GroundRules: Original legal text. Not legal advice."}