Sec. 10A. (a) A person who violates this Act is subject to a civil penalty in an amount that does not exceed:
(1) $10,000 for a single violation; or
(2) $1,000,000 for multiple violations.
(b) For purposes of determining the amount of a civil penalty under this section, the court shall consider the following factors:
(1) the seriousness, nature, circumstances, extent, and persistence of the conduct constituting the violation;
(2) the harm to other persons resulting directly or indirectly from the violation;
(3) cooperation by the person in any inquiry conducted by the state concerning the violation, efforts to prevent future occurrences of the violation, and efforts to mitigate the harm caused by the violation;
(4) the history of previous violations by the person;
(5) the need to deter the person or others from committing such violations in the future; and
(6) other matters as justice may require.
(c) The attorney general may institute an action:
(1) for injunctive relief to restrain a violation by a person who is or who appears to be in violation of or threatening to violate this Act; or
(2) to collect a civil penalty under this section.
(d) An action under this section must be filed in a district court in Travis County.
(e) The attorney general may recover reasonable expenses incurred in obtaining injunctive relief under this section, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses.
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