Tex. Nat. Res. Code § 131.266 · Subchapter G. ENFORCEMENT
INJUNCTIVE RELIEF AND CIVIL PENALTY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The commission may have a civil suit instituted for injunctive relief to restrain a permittee from continuing a violation or threatening a violation or for the assessment of a civil penalty of not more than $5,000 as the court considers proper for each day of violation, or for both.
(b) In determining the amount of the civil penalty, consideration shall be given to:
(1) the permittee's history of previous violations under this chapter;
(2) the appropriateness of the penalty to the size of the business of the permittee;
(3) the seriousness of the violation, including irreparable harm to the environment and hazard to the health or safety of the public;
(4) whether the permittee was negligent; and
(5) the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notice of the violation.
Notes and commentary — not statutory text
History
Acts 1977, 65th Leg., p. 2632, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/NR/htm/NR.131.htm
- Text hash
- sha256 d2db2c305d8427e946a32080c0a38be0a36eede17ce159150e44add5bb47f0a3
- 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
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.