Sec. 484.003. CIVIL PENALTY. (a) The attorney general or a district, county, or city attorney may institute an action in district court to collect a civil penalty from a person who in the course of business produces, distributes, sells, or offers for sale a mislabeled abusable synthetic substance.
(b) The civil penalty may not exceed $25,000 a day for each offense. Each day an offense is committed 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 offenses under Section 484.002 or under Section 32.42(b)(4), Penal Code, relating to the sale of a mislabeled abusable synthetic substance;
(2) the seriousness of the offense;
(3) any hazard posed to the public health and safety by the offense; 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 offense 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 187 (S.B. 461), Sec. 1, eff. September 1, 2015.
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