Texas Agriculture Code - Section 72.044. Injunctions; Mandamus
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Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 72.044. Injunctions; Mandamus
§ 72.044. INJUNCTIONS; MANDAMUS. (a) If a person
responsible for execution of an order under Section 72.025(c) of
this code fails or refuses, or threatens to fail or refuse, to
comply with the order, a resident of the county or part of the
county in which Mexican fruit fly control or eradication is being
conducted may sue for an injunction to compel that person to place
the premises in sanitary conditions in accordance with this
chapter. If the court finds that the person responsible for
compliance has been served with a written order, that the premises
are subject to the order, and that the material allegations in the
petition are true, the court shall enter an order commanding the
person to comply immediately with the written directions of the
department. A person who refuses to comply with the court's order
may be punished for contempt of court.
(b) Any resident of this state may sue for an injunction or
mandamus to compel compliance with this chapter or to restrain a
violation of this chapter. Notice of the hearing to the opposite
party may be given under the direction of the court, if the court
determines that justice requires the notice.
(c) A court may hear and determine a cause under this
section in term or in vacation.
Acts 1981, 67th Leg., p. 1169, ch. 388, § 1, eff. Sept. 1, 1981.
Section: 72.023 72.024 72.025 72.026 72.041 72.042 72.043 72.044 72.045 72.046 72.061 72.062 72.063 72.064 73.001
Last modified: August 10, 2007
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