Texas Civil Practice and Remedies Code 140B.109 – Other Relief Available to Attorney General
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(a) The attorney general may bring an action against a person who engages in conduct constituting an offense under § 72.02, 72.03, or 72.04, Penal Code, to obtain:
(1) injunctive relief;
(2) a civil penalty as provided by this section; and
(3) reasonable attorney’s fees and reasonably incurred costs of investigation or litigation.
(b) A defendant in an action brought under this section is subject to a civil penalty not to exceed:
(1) $100,000 if the defendant is an individual; or
(2) $1 million if the defendant is not an individual.
Terms Used In Texas Civil Practice and Remedies Code 140B.109
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(c) The attorney general shall deposit a civil penalty collected under this section to the credit of the general revenue fund. The attorney general shall deposit attorney’s fees and costs collected under this section into the attorney general law enforcement account, which may be used to investigate and enforce this chapter.
(d) Any party to an action brought under this section may petition the court for entry of a consent decree or for approval of a settlement agreement. The proposed decree or settlement must specify the alleged violations, the future obligations of the parties, the relief agreed on, and the reasons for entering into the consent decree or settlement agreement.