Texas Agriculture Code - Section 71.010. Appeals
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§ 71.010. APPEALS. (a) A person who is aggrieved and will
be injured by a quarantine or whose property is to be destroyed by
order of the department is entitled to appeal to the district court
of any county in which the quarantine or order is established or
issued. In order to appeal, the person must give written notice of
appeal to the department not later than the 10th day following the
date of the order or proclamation. The notice must name the
district court in which the application is filed.
(b) Immediately after receipt of a notice of appeal, the
department shall make a certified copy of the order or proclamation
and transmit it to the district court named in the notice.
(c) On receipt of the application for appeal and copy of the
order or proclamation, the clerk of the court shall docket the cause
on the civil docket in the style: "__________________,
Commissioner of Agriculture vs. __________________, defendant."
The suit shall be tried in the manner provided for the trial of
civil cases. The judgment of the court on final hearing shall be
"that the orders and proclamations of the commissioner be approved
and enforced" or "that said orders and proclamations be and are
vacated and held for naught," as the court may determine.
Acts 1981, 67th Leg., p. 1154, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1997, 75th Leg., ch. 211, § 5, eff. Sept. 1,
1997.
Section: 71.007 71.008 71.0081 71.0082 71.009 71.0091 71.0092 71.010 71.0101 71.011 71.012 71.013 71.041 71.042 71.043
Last modified: August 10, 2007
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