Tex. Bus. & Com. Code § 44.153
§ 44.153. 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,
notwithstanding Subsection (b), over the violation alleged in the complaint, except that this does not affect
the right of a consumer to bring an action under Subsection (e).
(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 shall receive and investigate complaints
concerning violations of this subchapter by the state licensee and may assess an administrative penalty not to
exceed $ 1,000 for each violation. 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 based on a violation under this subchapter is in the county where the telemarketing
call was made or received, or if brought by the attorney general, commission, or a state agency, in Travis
County.
(e)
A person may bring a private right of action based on a violation of this subchapter:
(1)
to enjoin the violation; and
(2)
for damages in an amount equal to the greater of:
(A)
the person's actual monetary loss from the violation; or
(B)
$ 500 for each violation; or
(C)
for both an injunction and damages.
(f)
If the court finds that the defendant wilfully or knowingly violated this section, the court may
increase the amount of the award to an amount equal to not more than three times the amount available under
Subsection (e)(2).
