Texas Agriculture Code - Section 71.059. Civil Penalty; Injunction
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Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 71.059. Civil Penalty; Injunction
§ 71.059. 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 $50 nor more
than $1,000 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.
Added by Acts 1989, 71st Leg., ch. 230, § 57, eff. Sept. 1, 1989.
Section: 71.051 71.053 71.054 71.055 71.056 71.057 71.058 71.059 71.060 71.101 71.102 71.103 71.104 71.105 71.106
Last modified: August 10, 2007
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