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Texas Statutes (Last Updated: January 4, 2014) |
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AGRICULTURE CODE |
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Title 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS |
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Subtitle B. HORTICULTURAL DISEASES AND PESTS |
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Chapter 72. MEXICAN FRUIT FLY CONTROL |
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Subchapter D. REMEDIES |
Sec. 72.042. ENFORCEMENT OF DEPARTMENT ORDER; FEES
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(a) If a person fails to comply with an order of the department under Section 72.025(c) of this code before the 11th day following the day on which the person received the order, the department shall file suit in a court of competent jurisdiction to have the premises subject to the order declared a public nuisance. In addition, the department may petition the court to appoint a receiver for the premises.
(b) In an action under this section, it is presumed that the person on whom the order was served was the owner, part owner, or caretaker when the time for compliance expired, and the state is required only to allege and prove that, at the time the order was served, the person was the owner, part owner, or caretaker of the premises subject to the order.
(c) Venue for a suit under this section is in the county in which the premises subject to the order are located.
(d) A court may hear and dispose of all issues in an action under this section in term or during vacation.
(e) The department may not be required to post a cost bond in an action under this section.
(f) The owner of the premises shall give notice as the court determines necessary.
(g) If the court finds the premises to be a public nuisance, the department may enter the premises and place them in compliance with the order. The owner shall pay to the department an amount not to exceed twice the minimum wage established under state law a person, as allowed by the court, for each hour actually expended placing the premises in compliance with the order. In addition, the owner shall pay to the department the sum of $250, not as a penalty but as reasonable compensation for the time involved in the execution of the order.