(a) If a person has violated, is violating, or is threatening to violate this chapter or a rule or order adopted under this chapter, the department or the attorney general at the request of the department may institute an action for:
(1) injunctive relief;
(2) a civil penalty not to exceed $1,000 for each violation; or
(3) both injunctive relief and the civil penalty.
(b) If the department or the attorney general prevails in an action under this section, the department or the attorney general is entitled to recover reasonable attorney's fees and court costs.