Texas Health and Safety Code 444.005 – Civil Penalty
Current as of: 2024 | Check for updates
|
Other versions
(a) A person who violates this chapter is subject to a civil penalty in the amount of:
(1) $250 for the first violation;
(2) $500 for the second violation; and
(3) $1,000 for each subsequent violation.
(b) Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty under this section.
Terms Used In Texas Health and Safety Code 444.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
(c) A kratom retailer is not liable for a civil penalty under this section for a violation of § 444.002 or 444.003 if the kratom retailer proves by a preponderance of the evidence that the violation was unintentional and due to the kratom retailer’s good faith reliance on the representation of another kratom processor.
(d) The attorney general or the district or county attorney for the county or municipal attorney for the municipality in which the violation is alleged to have occurred may bring an action to recover a civil penalty under this section.
Texas Health and Safety Code 444.005 – Civil Penalty
Current as of: 2024 | Check for updates
|
Other versions
(a) A person who violates this chapter is subject to a civil penalty in the amount of:
(1) $250 for the first violation;
(2) $500 for the second violation; and
(3) $1,000 for each subsequent violation.
(b) Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty under this section.
Terms Used In Texas Health and Safety Code 444.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
(c) A kratom retailer is not liable for a civil penalty under this section for a violation of § 444.002 or 444.003 if the kratom retailer proves by a preponderance of the evidence that the violation was unintentional and due to the kratom retailer’s good faith reliance on the representation of another kratom processor.
(d) The attorney general or the district or county attorney for the county or municipal attorney for the municipality in which the violation is alleged to have occurred may bring an action to recover a civil penalty under this section.