Tex.
Bus. & Com. Code Section 604A.003
Civil Penalty
(a)
A person who knowingly violates Section 604A.002 (Imposition of Surcharge for Use of Debit or Stored Value Card) or 604A.0021 (Imposition of Surcharge for Use of Credit Card) 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 (Imposition of Surcharge for Use of Debit or Stored Value Card) and 604A.0021 (Imposition of Surcharge for Use of Credit Card); and(3)
state that the person may be liable for a civil penalty for a subsequent violation of Section 604A.002 (Imposition of Surcharge for Use of Debit or Stored Value Card) or 604A.0021 (Imposition of Surcharge for Use of Credit Card).(b-1)
If the person complies with Sections 604A.002 (Imposition of Surcharge for Use of Debit or Stored Value Card) and 604A.0021 (Imposition of Surcharge for Use of Credit Card) not later than the 30th day after the date of the notice under Subsection (b), the violation is cured and the person is not liable for the civil penalty. A person who has previously received notice of noncompliance under Subsection (b) is not entitled to notice of or the opportunity to cure a subsequent violation of Section 604A.002 (Imposition of Surcharge for Use of Debit or Stored Value Card) or 604A.0021 (Imposition of Surcharge for Use of Credit Card).(c)
The attorney general or the prosecuting attorney, as appropriate, is entitled to recover reasonable expenses incurred in obtaining injunctive relief, civil penalties, or both, under this section, including reasonable attorney’s fees, court costs, and investigatory costs.
Source:
Section 604A.003 — Civil Penalty, https://statutes.capitol.texas.gov/Docs/BC/htm/BC.604A.htm#604A.003 (accessed Apr. 29, 2024).
