Texas Code of Criminal Procedure

§ 59.062 — ENFORCEMENT

CR § 59.062Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 59. FORFEITURE OF CONTRABAND

Statute text

(a)In the name of the state, the attorney general may institute in a district court in Travis County or in a county served by the law enforcement agency or attorney representing the state, as applicable, a suit for injunctive relief, to recover a civil penalty, or for both injunctive relief and a civil penalty if the results of an audit or investigation under Article 59.061 indicate that the law enforcement agency or attorney representing the state has knowingly violated or is knowingly violating a provision of this chapter relating to the disposition of proceeds or property received under this chapter.

(b)On application for injunctive relief and a finding that the law enforcement agency or attorney representing the state is knowingly violating a provision of this chapter relating to the disposition of proceeds or property received under this chapter, the district court shall grant the injunctive relief the facts may warrant, without requirement for bond.

(c)A law enforcement agency or attorney representing the state who knowingly commits a violation described by Subsection (a) is liable to the state for a civil penalty in an amount not to exceed $100,000 as determined by the district court to be appropriate for the nature and seriousness of the violation. In determining an appropriate penalty for the violation, the court shall consider:

(1)any previous violations committed by the agency or attorney;

(2)the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;

(3)the demonstrated good faith of the agency or attorney; and

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Legislative history

Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 2.02, eff. September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. 369 (H.B. 3391), Sec. 2, eff. September 1, 2017.