Texas Business & Commerce Code

§ 604A.003 — CIVIL PENALTY

BC § 604A.003Title 12. RIGHTS AND DUTIES OF CONSUMERS AND MERCHANTS · Ch. 604A. PROHIBITION OF CERTAIN SURCHARGES

Statute text

(a)A person who knowingly violates Section 604A.002 or 604A.0021 is liable to the state for a civil penalty in an amount not to exceed $500 for each violation. The attorney general or the prosecuting attorney in the county in which the violation occurs may bring:

(1)a suit to recover the civil penalty imposed under this section; and

(2)an action in the name of the state to restrain or enjoin a person from violating this chapter.

(b)Before bringing the action, the attorney general or prosecuting attorney shall give the person notice of the person's noncompliance and liability for a civil penalty. The notice must:

(1)contain guidance to assist the person in complying with this chapter;

(2)advise the person of the prohibitions under Sections 604A.002 and 604A.0021; and

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Legislative history

Acts 2017, 85th Leg., R.S., Ch. 196 (S.B. 560), Sec. 2, eff. September 1, 2017.