Texas § BC.15.20 - CIVIL SUITS BY THE STATE

§ BC.15.20. CIVIL SUITS BY THE STATE

CIVIL SUITS BY THE STATE. (a) Suit to Collect Civil Fine. The attorney general may file suit in district court in Travis County or in any county in the State of Texas in which any of the named defendants resides, does business, or maintains its principal office on behalf of the State of Texas to collect a civil fine from any person, other than a municipal corporation, whom the attorney general believes has violated any of the prohibitions in Subsection (a), (b), or (c) of Section 15.05 of this Act. An individual or other person adjudged to have violated any of these prohibitions shall pay a fine to the state in an amount not to exceed: (1) if an individual, $300,000; or (2) if any other person: (A) $3 million, if the lesser of the person's assets or market capitalization is less than $100 million; (B) $20 million, if the lesser of the person's assets or market capitalization is at least $100 million but less than $500 million; or (C) $30 million, if the lesser of the person's assets or market capitalization is $500 million or more. (b) Suit for Injunctive Relief. The attorney general may file suit against any person, other than a municipal corporation, in district court in Travis County, or in any county in the State of Texas in which any of the named defendants resides, does business, or maintains its principal office on behalf of the State of Texas to enjoin temporarily or permanently any activity or contemplated activity that violates or threatens to violate any of the prohibitions in Section 15.05 of this Act. In any such suit, the court shall apply the same principles as those generally applied by courts of equity in suits for injunctive relief against threatened conduct that would cause injury to business or property. In any such suit in which the state substantially prevails on the merits, the state shall be entitled to recover the cost of suit. Upon finding a violation of the prohibition against acquiring the stock, share capital, or assets of a person in Subsection (d) of Section 15.05 of this Act, the court shall, upon further finding that no other remedy will eliminate the lessening of competition, order the divestiture or other disposition of the stock, share capital, or assets and shall prescribe a reasonable time, manner, and degree of the divestiture or other disposition. (c) No suit filed under Subsection (a) or (b) of this section may be transferred to another county except on order of the court. (d) Nothing in this section shall be construed to limit the constitutional or common law authority of the attorney general to bring actions under state and federal law. Amended by Acts 1983, 68th Leg., p. 3034, ch. 519, Sec. 3, eff. Aug. 29, 1983. Amended by: Acts 2023, 88th Leg., R.S., Ch. 906 (H.B. 5232 ), Sec. 1, eff. September 1, 2023.