By Madla S.B. No. 766 77R4561 JAT-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the penalties applicable for the violation of laws 1-3 concerning the processing and sale of meat and poultry products. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter F, Chapter 433, Health and Safety Code, 1-6 is amended by adding Section 433.099 to read as follows: 1-7 Sec. 433.099. CIVIL PENALTY; INJUNCTION. (a) If it appears 1-8 that a person has violated or is violating this chapter or a rule 1-9 adopted under this chapter, the commissioner may request the 1-10 attorney general or the district attorney, county attorney, or 1-11 municipal attorney in the jurisdiction where the violation is 1-12 alleged to have occurred, is occurring, or may occur to institute a 1-13 civil suit for: 1-14 (1) an order enjoining the violation; 1-15 (2) a permanent or temporary injunction, a temporary 1-16 restraining order, or other appropriate remedy, if the commissioner 1-17 shows that the person has engaged in or is engaging in a violation; 1-18 (3) the assessment and recovery of a civil penalty; or 1-19 (4) both injunctive relief and a civil penalty. 1-20 (b) A civil penalty may not exceed $10,000 a day for each 1-21 violation. Each day the violation occurs constitutes a separate 1-22 violation for the purposes of the assessment of a civil penalty. 1-23 (c) In determining the amount of the civil penalty, the 1-24 court hearing the matter shall consider: 2-1 (1) the person's history of previous violations; 2-2 (2) the seriousness of the violation; 2-3 (3) the hazard to the health and safety of the public; 2-4 (4) the demonstrated good faith of the person charged; 2-5 and 2-6 (5) any other matter as justice may require. 2-7 (d) Venue for a suit brought under this section is in the 2-8 county in which the violation occurred or in Travis County. 2-9 (e) A civil penalty recovered in a suit instituted by a 2-10 local government under this chapter shall be paid to the local 2-11 government. 2-12 (f) The commissioner or the attorney general may recover 2-13 reasonable expenses incurred in obtaining injunctive relief or a 2-14 civil penalty under this section, including investigation and court 2-15 costs, reasonable attorney's fees, witness fees, and other 2-16 expenses. The expenses recovered by the commissioner under this 2-17 section may be used for the administration and enforcement of this 2-18 chapter. The expenses recovered by the attorney general may be 2-19 used by the attorney general for any purpose. 2-20 SECTION 2. This Act takes effect September 1, 2001, and 2-21 applies only to a violation that occurs on or after that date. A 2-22 violation that occurs before the effective date of this Act is 2-23 governed by the law in effect on the date the violation occurred, 2-24 and the former law is continued in effect for that purpose.