(a) Notwithstanding Section 51.352 and except as provided by Subsection (b), the amount of a civil penalty imposed under Chapter 51 for a violation of this chapter or a rule adopted under this chapter may not exceed:
(1) $2,500 for each violation; or
(2) $50,000 in the aggregate for all violations of a similar nature.
(b) In a proceeding imposing a civil penalty under Section 51.352 for a violation of this chapter or a rule adopted under this chapter, if the court finds that an individual over the age of 65 at the time of the violation was harmed by the violation, the amount of the civil penalty may not exceed:
(1) $10,000 for each violation; or
(2) $100,000 in the aggregate for all violations of a similar nature.