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.
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