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 Apr. 29, 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
Green check means up to date. Up to date

Accessed:
Apr. 29, 2024

§ 71.012’s source at texas​.gov