Sec. 5.207. INJUNCTIVE OR DECLARATORY RELIEF; PROVIDING PENALTIES.
179 words·~1 min read·
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Sec. 5.207. INJUNCTIVE OR DECLARATORY RELIEF; PROVIDING PENALTIES.
(a)The attorney general may institute an action for injunctive or declaratory relief to restrain a violation of this subchapter.
(b)In addition to instituting an action for injunctive or declaratory relief under Subsection (a), the attorney general may institute an action for civil penalties against a payee for a violation of this chapter. Except as provided by Subsection (c), a civil penalty assessed under this section may not exceed an amount equal to two times the amount of the private transfer fee charged or collected by the payee in violation of this subchapter.
(c)If the court in which an action under Subsection
(b)is pending finds that a payee violated this subchapter with a frequency that constitutes a pattern or practice, the court may assess a civil penalty not to exceed $250,000.
(d)The comptroller shall deposit to the credit of the general revenue fund all money collected under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 211 (H.B. 8 ), Sec. 1, eff. June 17, 2011.