Tex. Bus. & Com. Code § 321.102 · Subchapter C. ENFORCEMENT
VIOLATION OF CHAPTER: GENERAL CIVIL PENALTY AND INJUNCTIVE RELIEF.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person who violates this chapter is liable to this state for a civil penalty in an amount not to exceed the lesser of:
(1) $10 for each unlawful message or unlawful action; or
(2) $25,000 for each day an unlawful message is received or each day an unlawful action is taken.
(b) The attorney general or a prosecuting attorney in the county in which the violation occurs may:
(1) bring an action to recover the civil penalty; and
(2) obtain an injunction to prevent or restrain a violation of this chapter.
(c) The attorney general or prosecuting attorney may recover reasonable expenses incurred in recovering the civil penalty, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses.
(d) Subsection (a) does not apply to a violation of Section 321.107(a).
Notes and commentary — not statutory text
History
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.321.htm
- Text hash
- sha256 1ae94116f33ea4bf7cc34092c006c8923c3778920a9851d8c936fb0f66960486
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.