Texas Agriculture Code - Section 74.008. Civil Penalty; Injunction
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Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 74.008. Civil Penalty; Injunction
§ 74.008. 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.
Added by Acts 1989, 71st Leg., ch. 230, § 73, eff. Sept. 1, 1989.
Section: 74.002 74.003 74.004 74.0041 74.005 74.006 74.007 74.008 74.009 74.010 74.011 74.012 74.013 74.101 74.1011
Last modified: August 10, 2007
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