Texas Occupations Code 1956.004 – Civil Penalty
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(a) A person who owns or operates a metal recycling entity and does not hold a license or permit required by a county, municipality, or other political subdivision as authorized under § 1956.003(b) is subject to a civil penalty of not more than $1,000 for each violation. In determining the amount of the civil penalty, the court shall consider:
(1) any other violations by the person; and
(2) the amount necessary to deter future violations.
(b) A district attorney, county attorney, or municipal attorney may institute an action to collect the civil penalty provided by this section.
Terms Used In Texas Occupations Code 1956.004
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- 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) Each day a violation occurs or continues to occur is a separate violation.
(d) The district attorney, county attorney, or municipal attorney may recover reasonable expenses incurred in obtaining a civil penalty under this section, including court costs, reasonable attorney’s fees, investigative costs, witness fees, and deposition expenses.