Sec. 431.0585. CIVIL PENALTY. (a) At the request of the department, the attorney general or a district, county, or city attorney shall institute an action in district court to collect a civil penalty from a person who has violated Section 431.021 . (b) The civil penalty may not exceed $25,000 a day for each violation. Each day of violation 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 violations of Section 431.021 ; (2) the seriousness of the violation; (3) any hazard posed to the public health and safety by the violation; 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 violation 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.
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