Texas Agriculture Code - Section 72.046. Civil Penalty; Injunction
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§ 72.046. CIVIL PENALTY; INJUNCTION. (a) A person who
violates this chapter or a rule adopted under this chapter 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 chapter or a rule
adopted under this chapter. 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, § 62, eff. Sept. 1, 1989.
Section: 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 73.002 73.003
Last modified: August 10, 2007
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