Texas Business & Commerce Code
§ 521.151 — CIVIL PENALTY; INJUNCTION
BC § 521.151Title 11. PERSONAL IDENTITY INFORMATION · Part B. IDENTITY THEFT · Ch. 521. UNAUTHORIZED USE OF IDENTIFYING INFORMATION · Art. D. REMEDIES
Statute text
View on source(a)A person who violates this chapter is liable to this state for a civil penalty of at least $2,000 but not more than $50,000 for each violation. The attorney general may bring an action to recover the civil penalty imposed under this subsection. (a-1) In addition to penalties assessed under Subsection (a), a person who fails to take reasonable action to comply with Section 521.053(b) is liable to this state for a civil penalty of not more than $100 for each individual to whom notification is due under that subsection for each consecutive day that the person fails to take reasonable action to comply with that subsection. Civil penalties under this section may not exceed $250,000 for all individuals to whom notification is due after a single breach. The attorney general may bring an action to recover the civil penalties imposed under this subsection.
(b)If it appears to the attorney general that a person is engaging in, has engaged in, or is about to engage in conduct that violates this chapter, the attorney general may bring an action in the name of the state against the person to restrain the violation by a temporary restraining order or by a permanent or temporary injunction.
(c)An action brought under Subsection (b) must be filed in a district court in Travis County or:
(1)in any county in which the violation occurred; or
(2)in the county in which the victim resides, regardless of whether the alleged violator has resided, worked, or transacted business in the county in which the victim resides.
(d)The attorney general is not required to give a bond in an action under this section.
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Legislative history
Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 15, eff. September 1, 2012.