1. (a) A person, including an officer, agent, servant, or employee of a corporation, is liable for a civil penalty if the person:

   1. (1) violates this chapter;
   2. (2) violates an order, decision, rule, direction, demand, or requirement of the department adopted under this chapter; or
   3. (3) procures or aids a violation of this chapter.
2. (b) A penalty under this section may not exceed $100 a day for each day of the violation.

3. (c) The attorney general or the county or district attorney in the county in which the violation occurs shall institute and conduct a suit for the penalty:

   1. (1) in the county in which the violation occurs; and
   2. (2) in the name of the state.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.