Sec. 19.011. STOP-SALE ORDER    


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  • (a) If a person offers citrus budwood or a citrus nursery tree for sale falsely claiming that it is certified or that it comes from a designated foundation grove, or offers citrus budwood or a citrus nursery tree for sale in violation of rules adopted under this chapter, the department may issue a written order to stop the sale of that citrus budwood or citrus nursery tree. A person may not sell citrus budwood or a citrus nursery tree that is subject to a stop-sale order under this section until:

    (1) the sale is permitted by a court under Subsection (b); or

    (2) the department determines that the sale of the citrus budwood or citrus nursery tree is in compliance with this chapter and rules adopted under this chapter.

    (b) The person named in the order may bring suit in a court in the county where the citrus budwood or citrus nursery tree subject to the stop-sale order is located. After a hearing, the court may permit the citrus budwood or citrus nursery tree to be sold if the court finds the citrus budwood or citrus nursery tree is not being offered for sale in violation of this chapter.

    (c) This section does not limit the department's right to act under another section of this chapter.

Added by Acts 1995, 74th Leg., ch. 358, Sec. 1, eff. June 8, 1995. Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 7, eff. June 19, 1997.