DIVISION OF CIVIL PENALTY
Applied in 2 court decisions — leading case in Re Volkswagen Clean Diesel Litigation: Texas Clean Air Act Enforcement Cases (2017)
Most recently applied in in Re Volkswagen Clean Diesel Litigation: Texas Clean Air Act Enforcement Cases (July 2017)
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff
Except in a suit brought for a violation of Chapter 28 of this code or of Chapter 401, Health and Safety Code, a civil penalty recovered in a suit brought under this subchapter by a local government shall be divided as follows:
(1) the first $4.3 million of the amount recovered shall be divided equally between:
(A) the state; and
(B) the local government that brought the suit; and
(2) any amount recovered in excess of $4.3 million shall be awarded to the state.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.