Sec. 401.381. GENERAL CIVIL PENALTIES. (a) A person who causes, suffers, allows, or permits a violation of this chapter, a department rule or order, or a license or registration condition is subject to a civil penalty of not less than $100 or more than $25,000 for each violation and for each day that a continuing violation occurs.
(b) The attorney general may file suit to recover a civil penalty under this section in a district court in Travis County or in the county in which the violation occurred. If the attorney general seeks to recover civil penalties for violations that have occurred in more than one county, the attorney general may join all of the violations in one suit and may file the suit either in a district court in Travis County or in a district court in a county in which at least one of the violations occurred.
(c) The civil penalty provided by this section is cumulative of any other remedy provided by law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.237, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1072, Sec. 51, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1009, Sec. 5, eff. Sept. 1, 2001.
Structure Texas Statutes
Title 5 - Sanitation and Environmental Quality
Subtitle D - Nuclear and Radioactive Materials
Chapter 401 - Radioactive Materials and Other Sources of Radiation
Section 401.381. General Civil Penalties
Section 401.382. General Criminal Penalty
Section 401.383. Criminal Penalty for Certain Acts Related to Low-Level Radioactive Waste
Section 401.384. Administrative Penalty
Section 401.385. Preliminary Report of Violation
Section 401.386. Notice of Preliminary Report
Section 401.387. Consent to Penalty
Section 401.388. Hearing and Decision
Section 401.389. Disposition of Penalty; Judicial Review
Section 401.390. Remitting Penalty Payments; Releasing Bonds