(a) A person is liable to the state for a civil penalty of not more than $5,000 if the person:
(1) wilfully violates Section 2502.003 or 2502.004; or
(2) violates an order of the commissioner refusing to approve an application to issue a binder for title insurance or a title insurance policy prohibited by Section 2502.003(a).
(b) The department may bring an action in a Travis County district court to recover the penalty provided by this section.