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BUSINESS AND COMMERCE CODE
TITLE 4.  MISCELLANEOUS COMMERCIAL PROVISIONS
CHAPTER 44.  TELEMARKETING
SUBCHAPTER B.  CALLER IDENTIFICATION
Tex. Bus. & Com. Code § 44.052
§ 44.052. Enforcement; Penalties

(a) Except as provided by Subsection (c), the commission shall receive and investigate complaints concerning violations of this subchapter and may assess an administrative penalty not to exceed $ 1,000 for each violation. If the complaint alleges that the person violating this subchapter is a telecommunications provider, as defined by Section 51.002, Utilities Code, the commission has exclusive jurisdiction over the violation alleged in the complaint, notwithstanding Subsection (b).

(b) Except as provided by Subsection (c), the attorney general may investigate violations of this subchapter and file civil enforcement actions seeking injunctive relief, attorney's fees, and civil penalties in an amount not to exceed $ 1,000 for each violation. If the court finds the defendant wilfully or knowingly violated this subchapter, the court may increase the amount of the civil penalties to an amount not to exceed $ 3,000 for each violation. A violation of this subchapter is subject to enforcement action by the attorney general's consumer protection division under Sections 17.47, 17.58, 17.60, and 17.61.

(c) A state agency that issues a license to a state licensee may receive and investigate complaints concerning violations of this subchapter by the state licensee, may assess an administrative penalty not to exceed $ 1,000 for each violation, and may order restitution of any monetary damages of the complainant. In addition, if the agency finds that the licensee wilfully or knowingly violated this subchapter, the agency may suspend or revoke the state licensee's license.

(d) Venue for an action under this subchapter is in Travis County.

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