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Texas Vernon's Texas Civil Statutes - Article 6461. Procedure

Legal Research Home > Texas Laws > Vernon's Texas Civil Statutes > Texas Vernon's Texas Civil Statutes - Article 6461. Procedure

Art. 6461. [6664] [4568] PROCEDURE.  If there shall appear 
to the Commission any reasonable grounds for investigating such 
complaint;  (1) it shall give at least five days' notice to such 
railroad of such charge and complaint, and call upon such road to 
answer the same at a time and place to be specified by the 
Commission.  (2) It shall investigate and determine such complaint 
under such rules and modes of procedure as it may adopt.  (3) If the 
Commission finds that there has been a violation, it shall 
determine if the same was wilful.  (4) If it finds that such 
violation was not wilful, it may call upon said road to satisfy the 
damage done to the complainant thereby, stating the amount of such 
damage, and to pay the cost of such investigation;  and if the said 
railroad shall do so within the time specified by the Commission 
there shall be no prosecution by the State.  (5) If said railroad 
shall not pay said damage and cost within the time specified by said 
Commission or if the Commission finds such violation was wilful, it 
shall institute proceedings to recover the penalty for such 
violation and the cost of the investigation.

Acts 1891, p. 55; G.L. vol. 10, p. 57.                                        

Last modified: August 11, 2007