Texas Agriculture Code
§ 72.042 — ENFORCEMENT OF DEPARTMENT ORDER; FEES
AG § 72.042Title 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS · Part B. HORTICULTURAL DISEASES AND PESTS · Ch. 72. MEXICAN FRUIT FLY CONTROL · Art. D. REMEDIES
Statute text
View on source(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.
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Legislative history
Acts 1981, 67th Leg., p. 1168, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 61, eff. Sept. 1, 1989.