Sec. 345.135. RECALL ORDERS

(a) In conjunction with the detention or embargo of bedding under this subchapter, the commissioner of public health may order bedding to be recalled from commerce.

(b) The commissioner of public health's recall order may require the bedding to be removed to one or more secure areas approved by the commissioner or an authorized agent.

(c) The recall order must be in writing and signed by the commissioner of public health.

(d) The recall order may be issued before or in conjunction with the affixing of the tag or other appropriate marking as provided by Section 345.132(b).

(e) The recall order is effective until the order:

(1) expires on its own terms;

(2) is withdrawn by the commissioner of public health; or

(3) is reversed by a court in an order denying condemnation under Section 345.134.

(f) The claimant of the bedding or the claimant's agent shall pay the costs of the removal and storage of the bedding removed.

(g) If the claimant or the claimant's agent fails or refuses to carry out the recall order in a timely manner, the commissioner of public health may provide for the recall of the bedding. The costs of the recall shall be assessed against the claimant of the bedding or the claimant's agent.

(h) The commissioner of public health may request the attorney general to bring an action in the district court of Travis County to recover the costs of the recall. In a judgment in favor of the state, the court may award costs, attorney's fees, court costs, and interest from the time the expense was incurred through the date the department is reimbursed.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 10, eff. Sept. 1, 1997.