Texas § HS.161.404 - CIVIL PENALTY
Full text of Texas The Texas Constitution § HS.161.404 — CIVIL PENALTY, with citation guidance and answers to common questions.
§ HS.161.404. CIVIL PENALTY
CIVIL PENALTY. (a) A contractor who violates this subchapter is subject to a civil penalty not to exceed $10,000 a day for each violation. Each day of violation constitutes a separate violation for purposes of penalty assessment. (b) In determining the amount of the civil penalty, the court shall consider: (1) the contractor's previous violations; (2) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation; (3) whether the health and safety of the public was threatened by the violation; (4) the demonstrated good faith of the contractor; and (5) the amount necessary to deter future violations. (c) The attorney general or the appropriate district or county attorney, in the name of the state, may bring an action under this section in a district court of Travis County or of a county in which any part of the violation occurs. (d) The party bringing the suit may: (1) combine a suit to assess and recover civil penalties with a suit for injunctive relief brought under Section 161.403 ; or (2) file a suit to assess and recover civil penalties independently of a suit for injunctive relief. (e) A penalty collected under this section by the attorney general shall be deposited in the state treasury to the credit of the general revenue fund. A penalty collected under this section by a district or county attorney shall be deposited to the credit of the general fund of the county in which the suit was heard. Added by Acts 2001, 77th Leg., ch. 416, Sec. 1, eff. Sept. 1, 2001.
Frequently Asked Questions About Texas § HS.161.404
What does The Texas Constitution § HS.161.404 cover?
Section HS.161.404 ("CIVIL PENALTY") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § HS.161.404?
A common citation format is "The Texas Constitution § HS.161.404" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § HS.161.404 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.