Texas Agriculture Code

§ 41.1011 — ACTION BY DEPARTMENT

AG § 41.1011Title 3. AGRICULTURAL RESEARCH AND PROMOTION · Ch. 41. COMMODITY PRODUCERS BOARDS · Art. F. REMEDIES AND PENALTIES

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(a)On receipt of a complaint from the board under Section 41.101(a)(3), the department may investigate, audit, and inspect the records of the person who is the subject of the complaint, provided that any audit or inspection must take place during normal business hours.

(b)On determination by the department that a person has failed to collect an assessment or failed to remit to the board an assessment collected from a producer or processor, the department may:

(1)request a hearing under Section 12.032 to determine the amount of payment due to the board, including interest at an annual rate of 10 percent, and issue an order that the person pay the required amount to the board;

(2)impose an appropriate administrative penalty; and

(3)request the attorney general or a county or district attorney having jurisdiction to bring an action for appropriate civil or criminal penalties or injunctive relief.

(c)The attorney general may bring a civil action to enforce an order of the department and collect any amounts owed under the order, including costs and fees under Subsection (d).

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Legislative history

Added by Acts 2001, 77th Leg., ch. 374, Sec. 3, eff. May 25, 2001.