Tex. Agric. Code Section 71.012
Civil Penalty; Injunction


(a)

Except as provided by Subsections (a-1) and (a-2), 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.

(a-1)

Subject to Subsection (a-2), a person who violates a quarantine established under this subchapter against a pest or disease affecting pecans or pecan trees or violates a rule adopted under this subchapter for the protection of pecans or pecan trees is liable to the state for a civil penalty of not less than $500 nor more than $20,000 for each violation. Each day a violation continues may be considered a separate violation for purposes of a civil penalty assessment.

(a-2)

For the first violation of a quarantine established under this subchapter against a pest or disease affecting pecans or pecan trees or a violation of a rule adopted under this subchapter for the protection of pecans or pecan trees, in lieu of a civil penalty, a registrant under Section 71.043 (Annual Registration) may remedy the violation by entering into a compliance agreement with the department and returning, treating, or destroying the article subject to the quarantine as directed by the department.

(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.
Acts 1981, 67th Leg., p. 1155, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., 1st C.S., p. 244, ch. 22, art. II, Sec. 6, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 230, Sec. 44, eff. Sept. 1, 1989.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1016 (H.B. 3289), Sec. 1, eff. September 1, 2021.

Source: Section 71.012 — Civil Penalty; Injunction, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­71.­htm#71.­012 (accessed Jun. 5, 2024).

71.001
Quarantines Against Out-of-state Diseases and Pests
71.002
Quarantines Against In-state Diseases and Pests
71.003
Quarantines Around Pest-free Areas
71.004
Emergency Quarantines
71.005
Movement of Plants from Quarantined Area
71.006
Hearing
71.007
Rules
71.008
Control or Eradication Zone
71.009
Seizure, Treatment, and Destruction of Plants, Plant Products, and Other Substances
71.010
Appeals
71.011
Protection of Carrier from Damages
71.012
Civil Penalty
71.013
Criminal Penalties
71.041
Definitions
71.042
Duty of Department
71.043
Annual Registration
71.044
Inspection
71.046
Treatment or Destruction of Diseased or Infested Plants or Premises
71.047
Expense of Treatment
71.048
Appeal of Notice or Order
71.049
Enforcement of Notice or Order
71.050
Certificate to Accompany Shipment
71.051
Importation Certificates
71.053
Inspection of Shipments
71.054
Protection of Carriers from Liability
71.055
Revocation of Certificate
71.056
Inspection Fees
71.057
Nursery Dealers and Agents
71.058
Penalties
71.059
Civil Penalty
71.060
Stop-sale Order
71.0081
Vehicle Inspections for Insect Pests or Plant Diseases
71.0082
Inspections for Certain Pests and Diseases
71.0083
Agriculture Warrants
71.0091
Seizure, Treatment, and Destruction of a Citrus Plant, Citrus Plant Product, or Citrus Substance
71.0092
Seizure, Treatment, Handling, and Destruction of Certain Materials Within Quarantined Area
71.0101
Department of Public Safety to Cooperate
71.101
Duty of Department
71.102
Field Inspection
71.103
Inspection Certificate
71.104
Tomato Diseases and Insects
71.105
Cruciferous Plant Diseases and Insects
71.106
Pepper Diseases
71.107
Onion Diseases and Insects
71.108
Eggplant Diseases
71.109
Sweet Potato Diseases and Insects
71.110
Treatment or Destruction of Plants
71.111
Certificate for Imported Plants
71.112
Protection of Carriers from Liability
71.113
Revocation of Certificate
71.114
Fees
71.115
Packaging and Labeling of Certified Plants
71.116
Penalties
71.117
Civil Penalty
71.151
List Required
71.152
Noxious or Invasive Plant Sale, Distribution, or Importation Prohibited
71.153
Local Regulation
71.154
Disclaimer Required
71.201
Definitions
71.202
Cooperative Agreement
71.203
Application
71.204
Use of Funds
71.205
Special Funding Considerations
71.206
Reporting Requirements
71.207
Threat Identification and Mitigation Program

Accessed:
Jun. 5, 2024

§ 71.012’s source at texas​.gov