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Texas Agriculture Code - Section 71.012. Civil Penalty; Injunction

Legal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 71.012. Civil Penalty; Injunction

§ 71.012. CIVIL PENALTY;  INJUNCTION.  (a) A person who 
violates this subchapter or a rule adopted under this subchapter is 
liable to the state for a civil penalty of not less than $250 nor 
more than $10,000 for each violation.  Each day a violation 
continues may be considered a separate violation for purposes of a 
civil penalty assessment.
	(b)  On request of the department, the attorney general or 
the county attorney or district attorney of the county in which the 
violation is alleged to have occurred shall file suit to collect the 
penalty.
	(c)  A civil penalty collected under this section shall be 
deposited in the state treasury to the credit of the General Revenue 
Fund.  All civil penalties recovered in suits first instituted by a 
local government or governments under this section shall be equally 
divided between the State of Texas and the local government or 
governments with 50 percent of the recovery to be paid to the 
General Revenue Fund and the other 50 percent equally to the local 
government or governments first instituting the suit.
	(d)  The department is entitled to appropriate injunctive 
relief to prevent or abate a violation of this subchapter or a rule 
adopted under this subchapter.  On request of the department, the 
attorney general or the county or district attorney of the county in 
which the alleged violation is threatened or is occurring shall 
file suit for the injunctive relief.  Venue is in the county in 
which the alleged violation is threatened or is occurring.

Acts 1981, 67th Leg., p. 1155, ch. 388, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1981, 67th Leg., 1st C.S., p. 244, ch. 22, art. II, 
§ 6, eff. Sept. 1, 1981;  Acts 1989, 71st Leg., ch. 230, § 44, 
eff. Sept. 1, 1989.

Last modified: August 10, 2007